Overview of Recent Cases before the Court of Justice of the European Union (January – June 2013)
| Author | Anne Pieter van der Mei |
| DOI | 10.1177/138826271301500304 |
| Published date | 01 September 2013 |
| Date | 01 September 2013 |
| Subject Matter | Recent News and Case Law |
European Jour nal of Social Secu rity, Volume 15 (2013), No. 3 297
OVERVIEW OF RECENT CASES BEFORE THE
COURT OF JUSTICE OF THE EUROPEAN
UNION (JANUARY – JUNE 2013)
A P M*
In the period Januar y-June 2013 the Court of Justice of the European Union (CJEU
or the Court) delivered various interest ing rulings which are worth reporting.1 Two
rulings sta nd out: Jeltes, in wh ich the Court was asked whether the so-c alled ‘Miethe
case law’ concerning the right of unemployment bene ts of wholly unemployed
frontier workers, developed under the coordination regime of Regulation 1408/71, is
still relevant under the new regime governed by Regulat ion 883/2004; and Giersch,
in which the Court was asked whether Member States may make entitlement to
(portable) student nancia l aid conditional upon (prior) residence on national
territory. In addition, this overview includes a number of possibly less eye-catching
but nonetheless interesting cases concerning overlap of bene ts (van den Booren,
Wencel ), aggregation r ules for family and orphan bene ts (Dumont de Chassart) and
third country nat ionals (Hadj Ahmed).
1. UNEMPLOYMENT BENEFITS AND WHOLLY
UNEMPLOYED FRONTIER WORKERS: JELTES
e central ques tion in Jeltes2 was whether the inter pretation the Court had g iven in
Miethe3 of Ar ticle71 of Regulation 1408/71 as regards the rights to unemployment
bene ts of wholly unemployed frontier workers is still relevant under t he new
coordination regime governed by Regu lation 883/2004, and its Article65 in part icular.
Article71 contains speci c provisions applicable to unemployed persons who, when
* Assoc iate Prof esso r in E U Law, Maa str icht Cent re fo r Eur ope an la w. Add res s: P.O. B ox 616 , 620 0 MD
Maastricht, e Netherlands; tel: +31 43 3884 832; e-mail: ap.vandermei@maa strichtuniversit y.nl.
1 e current overv iew does not encompass dec isions of the Europea n Court of Human R ights
delivered in the rst half of 2013. Relevant judg ments will be included i n the next overview.
2 Judgment of 11Apr il 2013, Cas e C-443/11, F.P. Jeltes, M .A. Peeters, J.G.J. Arnold v R aad van bestuur
van het Uitvoering sinstituut werknemer sverzekeringen , not yet reported.
3 Case 1/85, Miethe [1986] ECR 1837.
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