Language of document :

Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles (Belgium) lodged on 21 May 2019 — PN, QO, RP, SQ, TR v Centre public d’action sociale d’Anderlecht (CPAS)

(Case C-394/19)

Language of the case: French

Referring court

Tribunal du travail francophone de Bruxelles

Parties to the main proceedings

Applicants: PN, QO, RP, SQ, TR

Defendant: Centre public d’action sociale d’Anderlecht (CPAS)

Question referred

Is the principle of full effectiveness of the rules of European Law and the protection of those rules, as defined in the Francovich and Brasserie du pêcheur judgments, in conjunction with Directive 2004/38/EC, 1 to be interpreted as imposing an obligation on a Member State, in circumstances where the right of residence of a foreign national has been withdrawn without prior consideration of proportionality, as a result of an error in transposition into domestic law, to cover, within the framework of its welfare system, the basic needs of the applicant other than medical needs, until the applicant’s position as regards the right of residence has been determined in conformity with EU law?


1     Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77).