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7.9.2013 |
EN |
Official Journal of the European Union |
C 260/28 |
Action brought on 26 June 2013 — European Commission v Slovak Republic
(Case C-361/13)
2013/C 260/51
Language of the case: Slovak
Parties
Applicant: European Commission (represented by: F. Schatz and A. Tokár, Agents)
Defendant: Slovak Republic
Form of order sought
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Declare that, by refusing to grant the allowance by reason of birth provided for by Law No 592/2006 to persons entitled to it who reside in a Member State other than the Slovak Republic, the Slovak Republic has failed to fulfil its obligations under Articles 45 and 48 of the Treaty on the Functioning of the European Union and Article 7 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. |
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order the Slovak Republic to pay the costs. |
Pleas in law and main arguments
The allowance by reason of birth provided for by Law No 592/2006 is an old-age benefit within the meaning of Article 3(1)(d) of Regulation No 883/2004 which must also be granted to persons entitled to it who reside outside the Member State concerned (in the present case, the Slovak Republic). A provision of domestic law may not therefore limit the right to receive the allowance by reason of birth of those entitled to it who reside outside the Slovak Republic. The provision of the domestic law of the Slovak Republic which lays down such a limitation is therefore incompatible with Articles 45 and 48 TFEU and Article 7 of Regulation No 883/2004.