‘It serves to prevent persons exercising their right to free movement without intending to integrate themselves from becoming a burden on the social assistance system...
In other words, it serves to prevent abuse and a certain form of ‘benefit tourism’.’ The Grand Chamber of the Court of Justice held Ms Dano did not have sufficient resources and could not claim a right of residence in Germany.
For residence between three months and five years, economically inactive persons should have sufficient resources of their own to prevent a host member state’s welfare system being used as a means of subsistence.
Domestic law can exclude migrants from ‘special non-contributory cash benefits’ although they are granted to nationals of the host member state who are in the same situation.
The Charter of Fundamental Rights of the European Union (CFR) did not apply, because when member states put conditions on benefits and their extent, they are not implementing EU law.