Opinion of Advocate General Wahl delivered on 29 May 2013$

Opinion of Advocate General Wahl delivered on 29 May 2013.#Pensionsversicherungsanstalt v Peter Brey.#Request for a preliminary ruling from the Oberster Gerichtshof.#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(3) 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.#Case C‑140/12.