Brey v Pensionsversicherungsanstalt: ECJ 19 Sep 2013

Judgment – Freedom of movement for persons – Union Citizenship – Directive 2004/38/EC – Right of residence for more than three months – Article 7(1)(b) – Person no longer having worker status – Person in possession of a retirement pension – Having sufficient resources not to become a burden on the ‘social assistance system’ of the host Member State – Application for a special non-contributory cash benefit – Compensatory supplement intended to augment a retirement pension – Regulation (EC) No 883/2004 – Articles 3(2) and 70 – Competence of the Member State of residence – Conditions for granting – Legal right to reside on the national territory – Compliance with European Union law


[2013] EUECJ C-140/12, [2014] 1 WLR 1080, [2013] WLR(D) 352, [2014] All ER (EC) 534, ECLI:EU:C:2013:565, [2014] 1 CMLR 37


Bailii, WLRD




OpinionBrey v Pensionsversicherungsanstalt ECJ 29-May-2013
ECJ (Opinion) Citizenship of the Union – Freedom of movement for persons – Article 7(1)(b) of Directive 2004/38/EC – Right of residence for a period longer than three months on the territory of another Member . .

Cited by:

CitedMirga v Secretary of State for Work and Pensions, Samin v Westminster City Council SC 27-Jan-2016
The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to . .
Lists of cited by and citing cases may be incomplete.

Benefits, Immigration

Updated: 05 April 2022; Ref: scu.605856