EuGH judgement: Germany does not have to pay European Union-foreigners Hartz IV

The European Court of Justice decided: An unemployed person a Romanian does not have a requirement on Hartz IV. the judgement in Germany has signal effect for the entire European Union.


Luxembourg - which became judgement in all of Europe with large tension expected: Are European union-foreigners in Germany a right to Hartz IV, even if they never worked? No, the European Court of Justice decided in Luxembourg. A state must have the possibility of failing to immigrants without job social security benefits judged the judges. Germany may exclude thereby humans from other EU member states from national achievements such as Hartz IV, if they enter only to the purchase of social security benefits.

This confirmed now the valid national right. The EuGH wrote, the woman does not have not “sufficient means of subsistence” and can therefore according to your-genuinly no right to stay in Germany make valid. It can refer therefore not to in your genuine anchored discrimination prohibition.

Also German citizens can the Hartz IV sentence be shortened and at the worst even refused, if they do not accept a work, although they would be provable in addition able.

In Germany a flood had been feared by new Hartz IV requests by European Union-immigrants, if the Court of Justice had demanded a correction of the national rules. The judgement announced now is a so-called preliminary ruling, for which the highest European court had been asked, before a German court a final judgement falls.

The Court of Justice pointed out expressly that no host country from European Union-immigrants was to your-genuinly obligated to grant during the first three months of the stay social welfare assistance. European union-citizens have also without job the right to live in each EU country. But this unlimited right to residence is attached at conditions: With a duration of stopover of more than three months, but less than five years, that makes your-genuinly the unlimited right to residence dependent on the fact that employed person people did not have sufficient own means of subsistence. That is, they must possess an appropriate financial cushion, in order to deny living costs.