Restriction of benefits for top-level sportspersons to citizens of the concerned Member State concerned infringes the freedom of movement for workers

Through its judgment in UB v Generálny riaditel' Sociálnej poist'ovne Bratislava (C-447/18), the Court of Justice made clear that the freedom of movement for workers precludes national legislation restricting the grant of benefits for top-level sportspersons to citizens of the concerned Member State, because it would amount to a discrimination on the basis of nationality.

The Court based its reasoning on the concept of ‘social advantage’ under Article 7(2) of Regulation 492/2011, according to which a worker who is a national of one Member State is entitled to enjoy, in the territory of another Member State, the same social advantages as national workers. The Court found that this provision precludes legislation of a Member State w