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European Observer on fundamental right's respect

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Case Law C-45/22 (12/10/2023)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/12/2023

Subject: According to the Court, where the receipt of benefits of a different kind or of other income entails the application of national rules against overlapping with regard to independent benefits, Regulation (EC) No 883/2004 on the coordination of social security systems allows each Member State concerned to provide, in its legal system, for the purpose of calculating the amount of benefit to be paid, either that the total amount of income taken into account by those national rules must be divided by the number of benefits concerned or that it is appropriate to divide by that same number the proportion of income which exceeds the ceiling in respect of overlapping laid down by those national rules

Classification: Solidarity - Art. 34 Social security

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