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Document 62024CN0257
Case C-257/24, Städteregion Aachen: Request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen (Germany) lodged on 12 April 2024 – PE, legally represented by her parents v Städteregion Aachen
Case C-257/24, Städteregion Aachen: Request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen (Germany) lodged on 12 April 2024 – PE, legally represented by her parents v Städteregion Aachen
Case C-257/24, Städteregion Aachen: Request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen (Germany) lodged on 12 April 2024 – PE, legally represented by her parents v Städteregion Aachen
OJ C, C/2024/5296, 9.9.2024, ELI: http://data.europa.eu/eli/C/2024/5296/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
C/2024/5296 |
9.9.2024 |
Request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen (Germany) lodged on 12 April 2024 – PE, legally represented by her parents v Städteregion Aachen
(Case C-257/24, Städteregion Aachen)
(C/2024/5296)
Language of the case: German
Referring court
Landessozialgericht Nordrhein-Westfalen
Parties to the main proceedings
Applicant and appellant: PE, legally represented by her parents
Defendant and respondent: Städteregion Aachen
Questions referred
1. |
Is Article 3 of Regulation (EC) No 883/2004 (1) of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems to be interpreted as meaning that the integration assistance provided for under the Sozialgesetzbuch Neuntes Buch – Rehabilitation und Teilhabe von Menschen mit Behinderungen (Book IX of the Social Code – rehabilitation of and participation by people with disabilities, ‘SGB IX’), in the form of school assistance benefits, constitutes a benefit within the meaning of Article 3 and therefore falls within the material scope of the regulation? If question 1 is answered in the negative: |
2. |
Is Article 7(2) of Regulation (EU) No 492/2011 (2) of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union to be interpreted as precluding a provision of national law which makes receipt of the integration assistance benefits provided for in the SGB IX, in the form of school assistance benefits, subject to habitual residence in the national territory? |
3. |
Is there an unjustified restriction of the rights of EU citizens under Article 20 and Article 21(1) of the Treaty on the Functioning of the European Union (TFEU) if the granting of the integration assistance provided for in the SGB IX, in the form of school assistance benefits, is denied to EU citizens who have their domicile or habitual place of residence in another Member State (located close to the border), but the benefit-in-kind is provided in the State of stay? |
(1) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).
(2) Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ 2011 L 141, p. 1).
ELI: http://data.europa.eu/eli/C/2024/5296/oj
ISSN 1977-091X (electronic edition)