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UB v. Generálny riaditeľ Sociálnej poisťovne Bratislava, Case C-447/18, CJEU (Third Chamber), 18 Dicember 2019 

Date
18/12/2019
Type Judgment
Case number C-447/18

Abstract

Legislation of a Member State reserving the granting of an additional social benefit for sports representatives only to its own citizens. Discrimination based on citizenship.

Normative references

Regulation n. 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. 

Regulation n. 492/2011 of the European Parliament and the Council of 5 April 2011 on the free movement of workers within the Union.

Ruling

Art. 3 of Regulation (EC) no. 883/2004, relating to the coordination of social security systems, must be interpreted as meaning that an (additional) benefit paid to certain high-level sportsmen who have represented a Member State in international sports competitions does not fall within the concept of 'retirement benefit', and is therefore excluded from the scope of that regulation. Furthermore, art. 7 of Regulation (EU) no. 492/2011, relating to the free movement of workers within the Union, must be interpreted as precluding a legislation of a Member State which makes the benefit of an additional benefit established in favor of certain high-level sportsmen who have represented that Member State, in particular on the condition that the applicant is a national of that Member State.