(Case C-206/21 Request for a preliminary ruling from the Tribunal Administratif de Dijon (France) lodged on 31March 2021– MrX v Préfet de Saône-et-Loire

Request for a preliminary ruling from the Tribunal Administratif de Dijon (France) lodged on 31March 2021– MrX v Préfet de Saône-et-Loire

(Case C-206/21)

Language of the case: French

Referring court

Tribunal administratif de Dijon

Parties to the main proceedings

Applicant: MrX

Defendant: Préfet de Saône-et-Loire

Question referred

In requiring sickness insurance cover and sufficient resources not to become a burden on the social assistance system, do Articles7(1)(b) and 8(4) of Directive 2004/38/EC of 29April 2004¹ introduce indirect discrimination… to the detriment of persons who, due to their disability, are not in a position to work or who can work only in a limited capacity and who can therefore find themselves without sufficient resources to meet their needs without significant or even unreasonable reliance on the social assistance system of the host Member State where they reside?

____________

¹ Directive 2004/38/EC of the European Parliament and of the Council of 29April 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) No1612/68 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 L158, p.77).