EU Member States can deny certain payments to unemployed EU citizens who move to that country just to claim benefits, the European Court of Justice has ruled.
The court made the ruling in a case involving a Romanian woman Ms Dano and her son Florin living in Germany. They brought proceedings before the Social Court, Leipzig (Germany), against Jobcenter Leipzig, which refused to grant them benefits by way of basic provision.
“Ms Dano did not enter Germany in order to seek work there and, although she is requesting benefits by way of basic provision which are only for jobseekers, it is apparent from the case-file that she is not seeking employment. She has not been trained in a profession and, to date, has not worked in Germany or Romania,” the court said.
Ms Dano and her son, the Court ruled, “do not have sufficient resources and thus cannot claim a right of residence in Germany under the Directive on free movement of EU citizens. Therefore, they cannot invoke the principle of non-discrimination laid down by the directive and by the regulation on the coordination of social security systems.”
Reacting to the sentence, British Prime Minister David Cameron said: “I support the European Court of Justice ruling that curbs "benefits tourism" – it's simple common sense.”
"The right to go and work in another European country should not be an unqualified right", he told the BBC.