Mohamed M'Bodj v État belge, C‑542/13

The dispute in the main proceedings and the questions referred for a preliminary ruling
16 Mr M’Bodj arrived in Belgium on 3 January 2006. He applied for asylum and, subsequently,
for leave to reside on medical grounds. Both applications being refused, he made a number of
unsuccessful appeals against the decisions rejecting those applications.
17 On 27 May 2008, Mr M’Bodj made a further application for leave to reside on medical
grounds, pursuant to Article 9b of the Law of 15 December 1980, on the basis of the serious
after effects he was suffering as a result of an assault he had been the victim of in Belgium. That
application was accepted as admissible on 19 September 2008 and, as a result, Mr M’Bodj was
registered in the Register of Foreign Nationals.
18 After receiving a general certificate recognising a reduction in earnings capacity and loss of
independence, Mr M’Bodj applied, on 21 April 2009, for loss of income allowance and income
support.
19 On 5 October 2009, that application was refused by the Service public fédéral Sécurité sociale
(Federal Public Social Security Authority) on the ground that Mr M’Bodj did not fulfil the
nationality requirements under Article 4(1) of the Law of 27 February 1987. That authority also
stated that Mr M’Bodj was registered in the Register of Foreign Nationals and was not therefore
entitled to settle in Belgium.
20 On 31 December 2009, Mr M’Bodj brought an action for annulment of the decision rejecting
that application before the tribunal du travail de Liège (Labour Court, Liège).
21 Independently of that action, Mr M’Bodj was granted indefinite leave to remain in Belgium on
account of his state of health on 17 May 2010