Vestische Arbeit Jobcenter Kreis Recklinghausen v Garcia-Nieto and others

European Union – Social security. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 24 of Directive (EC) 2004/38, and art 4 of Regulation (EC) No 883/2004, as amended by Commission Regulation (EU) No 1244/2010, should be interpreted as not precluding legislation of a member state under which nationals of other member states who were in a situation such as that referred to in art 6(1) of that directive were excluded from entitlement to certain 'special non-contributory cash benefits' within the meaning of art 70(2) of Regulation 883/2004, which also constituted 'social assistance' within the meaning of art 24(2) of Directive 2004/38.

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