Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/21/2011

Subject: According to the Court, Regulation No 1408/71 precludes a Member State from making the award of short-term incapacity benefit in youth, such as that at issue in the main proceedings, subject to a condition of ordinary residence by the claimant in that State. Moreover Article 21(1) TFEU precludes a Member State from making the award of such a benefit subject to a condition of past presence of the claimant in that State to the exclusion of any other element enabling the existence of a genuine link between the claimant and that Member State to be established, or to a condition of presence of the claimant in that State on the date on which the claim is made.

Parties: Steward

Classification: Equality - Art. 26 Rights of the disabled

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