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European Observer on fundamental right's respect

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Case Law C-135/19 (05/03/2020)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/05/2020

Subject: According to the Court, Regulation No 883/2004 does not preclude a situation in which a person who has ceased to be insured under the social security system of his or her Member State of origin after ceasing to be employed there and moving his or her place of residence to another Member State, where he or she worked and completed the majority of his or her periods of insurance, is refused a benefit such as the rehabilitation allowance by the competent institution of his or her Member State of origin, since that person is subject not to the legislation of the State of origin but to that of the Member State in which his or her place of residence is situated

Parties: Pensionsversicherungsanstalt (Prestation pour la rééducation)

Classification: Solidarity - Art. 34 Social security - Citizens’ rights - Art. 45 Freedom of movement

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