It is often disputed whether EU citizens have a right to Hartz IV benefits under SGB II. As signed, many EU member countries and the European Social Security agreement (EuFürsAbk or EFA), must be constantly reviewed and, if this the case - that is the question of whether an exclusion of benefits is for employable citizens for a stay to look for work - is applicable. This question has not been answered in the case law uniformly and is to be decided by the Federal Social Court in the pending appeal proceedings. The SG
Berlin (26 chamber) has decided in a ruling dated 25/03/2010, that an exclusion of benefits for working age Union citizens to stay to look for work in accordance with § 7 Abs 1 S 2, No 2 SGB 2 shall not apply to nationals of a Contracting State to the European welfare agreement.
SG Berlin, Judgement of 25.03.2010, Az S 26 AS 8114/08
Joachim Genge
lawyer
lawyer specializing in labor law
www.ra-genge.de
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