Action brought on 27 June 2014 – European Commission v United Kingdom of Great Britain and Northern Ireland

(Case C-308/14)

Language of the case: English

Parties

Applicant: European Commission (represented by: D. Martin, M. Wilderspin, agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:

declare that the United Kingdom, by the requirement that a claimant for Child Benefit or Child tax Credit have a right to reside in the United Kingdom, has failed to comply with its obligations under Regulation (EC) No 883/2004¹ ;

order the United Kingdom of Great Britain and Northern Ireland to pay the costs.

Pleas in law and main arguments

The Commission maintains that in requiring a claimant of Child Benefit and Child Tax Credit to have a right to reside in the United Kingdom as a condition of being treated as resident there, the United Kingdom has imposed a condition that Regulation (EC) No 883/2004 does not permit.

Alternatively the Commission submits that by imposing a condition of entitlement to social security benefits that is automatically met by its own nationals the United Kingdom has created a situation of direct discrimination against nationals of other Member States and thus breached article 4 of Regulation (EC) No 883/2004.

____________

¹ Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems

OJ L 166, p. 1