Pensionsversicherungsanstalt v Brey C-140/12, [2013] All ER (D) 198 (Sep)
EU law—in particular, as it resulted from Arts 7(1)(b), 8(4), 24(1) and (2) of Directive 2004/38—should 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—barred the grant of a benefit, such as the compensatory supplement provided for in para 292(1) of the ASVG, to a national of another member state who was not economically active, on the grounds that, despite having been issued with a certificate of residence, he did 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 was conditional upon that national having sufficient resources not to apply for the benefit.
