Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/25/2018

Subject: The Court affirmed that a benefit such as the personal assistance, which entails, inter alia, covering the costs to which a severely disabled person’s everyday activities give rise, with the aim of enabling that person, who is not economically active, to study in higher education, does not fall within the concept of ‘sickness benefit’ within the meaning of Regulation No 883/2004 on the coordination of social security systems and is therefore outside its scope. However, Articles 20 and 21 TFEU preclude the home municipality of a resident of a Member State who is severely disabled from refusing to grant that person a benefit, such as the personal assistance, on the ground that he is staying in another Member State in order to pursue his higher education studies there

Parties: A

Classification: Equality - Art. 26 Rights of the disabled - Solidarity - Art. 34 Social security - Citizens’ rights - Art. 45 Freedom of movement

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