Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 25 May 2023 — DS v Pensionsversicherungsanstalt

(Case C-323/23, Pensionsversicherungsanstalt)

(2023/C 271/22)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: DS

Defendant: Pensionsversicherungsanstalt

Question referred

Is Article 7 of Directive 2004/38/EC, (1) to be interpreted as meaning that an economically inactive [Union citizen] may not be a burden on the social assistance system within the meaning of that directive, if he resides in the host Member State for more than three months, but for less than five years, and derives his right of residence only from his capacity as the spouse (Article 2(2)(a) of the [directive]) of a … Union citizen employed in the host Member State (migrant worker) (Article 7(1)(d) of the [directive]), but does not himself have an original right of residence under Article 7(1)(a), (b) or (c) of the Directive?

(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77).