# C_2021138EN.01001801.xml

| 19.4.2021 | EN | Official Journal of the European Union | C 138/18 |
| --- | --- | --- | --- |

19.4.2021

EN

Official Journal of the European Union

C 138/18

---

Reference for a preliminary ruling from the High Court (Ireland) made on 4 January 2021 — FS v Chief Appeals Officer, Social Welfare Appeals Office, Minister for Employment affaires, Minister for Social Protection

(Case C-3/21)

(2021/C 138/23)

Language of the case: English

Referring court

High Court (Ireland)

Parties to the main proceedings

Applicant: FS

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

Questions referred

| 1. | does the concept of ‘claim’ in art. 81 of regulation 883/2004 (1) include the ongoing state of being in receipt of a periodic benefit from a first Member State (where the benefit is correctly payable by a second Member State) on each and every occasion on which such benefit Is paid, even after the original application and the original decision by the first Member State to grant the benefit; |
| --- | --- |

1.

does the concept of ‘claim’ in art. 81 of regulation 883/2004 (1) include the ongoing state of being in receipt of a periodic benefit from a first Member State (where the benefit is correctly payable by a second Member State) on each and every occasion on which such benefit Is paid, even after the original application and the original decision by the first Member State to grant the benefit;

| 2. | if the answer to the first question is yes, then in circumstances where a claim for social security is made incorrectly to a Member State of origin, when It should have been made to a second Member State, is the obligation of the second Member State pursuant to art. 81 of regulation 883/2004 (specifically, the obligation to treat a claim to the Member State of origin as being admissible in the second Member State) to be interpreted as being entirely independent of the applicant's obligation to give correct information regarding her place of residence pursuant to art, 76(4) of regulation 883/2004, such that a claim made incorrectly to the Member State of origin must be accepted as admissible by the second Member State for the purposes of art. 81, notwithstanding the failure of the applicant to provide correct information as to her place of residence in accordance with art. 76(4), within the period for making a claim prescribed by the law of the second Member State; |
| --- | --- |

2.

if the answer to the first question is yes, then in circumstances where a claim for social security is made incorrectly to a Member State of origin, when It should have been made to a second Member State, is the obligation of the second Member State pursuant to art. 81 of regulation 883/2004 (specifically, the obligation to treat a claim to the Member State of origin as being admissible in the second Member State) to be interpreted as being entirely independent of the applicant's obligation to give correct information regarding her place of residence pursuant to art, 76(4) of regulation 883/2004, such that a claim made incorrectly to the Member State of origin must be accepted as admissible by the second Member State for the purposes of art. 81, notwithstanding the failure of the applicant to provide correct information as to her place of residence in accordance with art. 76(4), within the period for making a claim prescribed by the law of the second Member State;

| 3. | whether the general EU law principle of effectiveness has the consequence that access to EU law rights is rendered ineffective in circumstances such as those in the present proceedings (in particular, in circumstances where the EU national exercising free movement rights is in breach of her obligation under art. 76(4) to notify the social welfare authorities of the Member State of origin of her change of country of residence) by a requirement of national law in the Member State in which the right of free movement is exercised that in order to obtain a backdating of claims for child benefit an EU national must apply for such a benefit in the second Member State within a period of twelve months prescribed by the domestic law of the latter Member State. |
| --- | --- |

3.

whether the general EU law principle of effectiveness has the consequence that access to EU law rights is rendered ineffective in circumstances such as those in the present proceedings (in particular, in circumstances where the EU national exercising free movement rights is in breach of her obligation under art. 76(4) to notify the social welfare authorities of the Member State of origin of her change of country of residence) by a requirement of national law in the Member State in which the right of free movement is exercised that in order to obtain a backdating of claims for child benefit an EU national must apply for such a benefit in the second Member State within a period of twelve months prescribed by the domestic law of the latter Member State.

---

(1)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004, L 166,p. 1).

---