# C_2022432EN.01000401.xml

| 14.11.2022 | EN | Official Journal of the European Union | C 432/4 |
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14.11.2022

EN

Official Journal of the European Union

C 432/4

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Judgment of the Court (Seventh Chamber) of 29 September 2022 (request for a preliminary ruling from the High Court (Ireland) — Ireland) — FS v The Chief Appeals Officer, The Social Welfare Appeals Office, The Minister for Employment Affairs, The Minister for Social Protection

(Case C-3/21) (1)

(Reference for a preliminary ruling - Social security for migrant workers - Regulation (EC) No 883/2004 - Coordination of social security systems - Family benefits - Back payment - Relocation of the beneficiary to another Member State - Article 81 - Concept of ‘claim’ - Article 76(4) - Duty of mutual information and cooperation - Non-compliance - 12-month limitation period - Principle of effectiveness)

(2022/C 432/04)

Language of the case: English

Referring court

High Court (Ireland)

Parties to the main proceedings

Applicant: FS

Defendants: The Chief Appeals Officer, The Social Welfare Appeals Office, The Minister for Employment Affairs, The Minister for Social Protection

Operative part of the judgment

| 1. | Article 81 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems
  must be interpreted as meaning that the concept of ‘claim’ in that article refers only to an application made by a person who has exercised his or her right to freedom of movement to the authorities of a Member State which is not competent under the conflict rules laid down by that regulation. Therefore, that concept does not include either the initial application made under the legislation of a Member State by a person who has not yet exercised his or her right to freedom of movement or the periodic payment, by the authorities of that Member State, of a benefit normally payable, at the time of that payment, by another Member State. |
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1.

Article 81 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems

must be interpreted as meaning that the concept of ‘claim’ in that article refers only to an application made by a person who has exercised his or her right to freedom of movement to the authorities of a Member State which is not competent under the conflict rules laid down by that regulation. Therefore, that concept does not include either the initial application made under the legislation of a Member State by a person who has not yet exercised his or her right to freedom of movement or the periodic payment, by the authorities of that Member State, of a benefit normally payable, at the time of that payment, by another Member State.

| 2. | EU law, and in particular the principle of effectiveness, does not preclude the application of national legislation which makes the retroactive effect of an application for child benefit subject to a limitation period of 12 months, since that period does not render practically impossible or excessively difficult the exercise by the migrant workers concerned of the rights conferred by Regulation No 883/2004. |
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2.

EU law, and in particular the principle of effectiveness, does not preclude the application of national legislation which makes the retroactive effect of an application for child benefit subject to a limitation period of 12 months, since that period does not render practically impossible or excessively difficult the exercise by the migrant workers concerned of the rights conferred by Regulation No 883/2004.

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(1)  OJ C 138, 19.4.2021.

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