Judgement of the Court of Justice of he EU: A Member State is not entitled to refuse to pay a family allowance in respect of the child of the spouse of a frontier worker where there is no parent-child relationship with that worker
Date of article: 02/04/2020
Daily News of: 02/04/2020
Country: EUROPE
Author: Court of Justice of the European Union
Article language: en
Link to the full press release: https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-04/cp200042en.pdf
Court of Justice of the European Union
PRESS RELEASE No 42/20
Luxembourg, 2 April 2020
Judgment in Case C-802/18
Caisse pour l'avenir des enfants v FV and GW
A Member State is not entitled to refuse to pay a family allowance in respect of the child of the spouse of a frontier worker where there is no parent-child relationship with that worker
That allowance constitutes a social advantage and a social security benefit; therefore it is subject to the principle of equal treatment
FV works in Luxembourg and resides in France with his wife, GW. The couple have two children. HY, GW’s child from a previous relationship, who was born in 2000, lives with FV and GW. GW has sole parental responsibility in respect of HY.