Case C-140/12: Judgment of the Court (Third Chamber) of 19 September 2013 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Pensionsversicherungsanstalt v Peter Brey (Freedom of movement for persons — Union Citizenship — Directive 2004/38/EC — Right of residence for more than three months — Article 7(1)(b) — Person no longer having worker status — Person in possession of a retirement pension — Having sufficient resources not to become a burden on the ‘social assistance system’ of the host Member State — Application for a special non-contributory cash benefit — Compensatory supplement intended to augment a retirement pension — Regulation (EC) No 883/2004 — Articles 3(2) and 70 — Competence of the Member State of residence — Conditions for granting — Legal right to reside on the national territory — Compliance with European Union law)