Sentences with phrase «precludes national legislation»

42 It can not therefore be inferred from Article 70 (4) of Regulation No 883/2004, read in conjunction with Article 1 (j) thereof, that EU law precludes national legislation, such as that at issue in the main proceedings, under which the right to a special non ‑ contributory cash benefit is conditional upon meeting the necessary requirements for obtaining a legal right of residence in the Member State concerned.

It then examines whether Articles 2 and 3 preclude national legislation prohibiting the filing of written objections in another language than the one of the proceedings.

The present case concerns the question whether the EU law, particularly Articles 49 and 56 TFEU and the Directive 2006 / 123 / EC (known as the «Services» Directive), precluded a national legislation which did not allow consulting firms to carry out legal activity as a primary activity.

80 In the light of all of the foregoing, the answer to the question referred is that EU law — in particular, as it results from Article 7 (1)(b), Article 8 (4) and Article 24 (1) and (2) of Directive 2004/38 — must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which, even as regards the period following the first three months of residence, automatically — whatever the circumstances — bars the grant of a benefit, such as the compensatory supplement provided for in Paragraph 292 (1) of the ASVG, to a national of another Member State who is not economically active, on the grounds that, despite having been issued with a certificate of residence, he does not meet the necessary requirements for obtaining the legal right to reside on the territory of the first Member State for a period of longer than three months, since obtaining that right of residence is conditional upon that national having sufficient resources not to apply for the benefit.

Not exact matches

76 As regards the legislation at issue in the main proceedings, it is clear from the explanation provided by the Austrian Government at the hearing that, although the amount of the compensatory supplement depends on the financial situation of the person concerned as measured against the reference amount fixed for granting that supplement, the mere fact that a national of another Member State who is not economically active has applied for that benefit is sufficient to preclude that national from receiving it, regardless of the duration of residence, the amount of the benefit and the period for which it is available, that is to say, regardless of the burden which that benefit places on the host Member State's social assistance system as a whole.