The social court in Berlin, the competent job center committed under an interim arrangement, a English national to to approve the final decision on the pending appeal SGB II. The competent job center was of the view that EU citizens have engaged in self-employment in Germany are not entitled to Hartz IV. This was contradicted by the social court and made it clear that the exercise of self-employment is an expression of freedom. Even if the revenues to secure not sufficient means of subsistence would, it is irrelevant. Finally, the exclusion of § 7 paragraph 1 SGB II p.2 was related only to foreigners who would stay only to seek work in Germany. This was in self-employment is not the case.
Tags: EU citizens, Hartz IV, Exclusion, Freedom
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SG Berlin: S 82 AS 27550/08 ER
