# C_2015414EN.01000801.xml

| 14.12.2015 | EN | Official Journal of the European Union | C 414/8 |
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14.12.2015

EN

Official Journal of the European Union

C 414/8

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Judgment of the Court (First Chamber) of 22 October 2015 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Bundesagentur für Arbeit — Familienkasse Sachsen v Tomislaw Trapkowski

(Case C-378/14) (1)

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((Reference for a preliminary ruling - Social security - Regulation (EC) No 883/2004 - Article 67 - Regulation (EC) No 987/2009 - Article 60(1) - Payment of family benefits where parents are divorced - Definition of the ‘person concerned’ - Law of a Member State providing for the payment of family benefits to the parent who has taken the child into his household - Residence of that parent in another Member State - Failure of that parent to claim family benefits - Possibility of entitlement of the other parent to claim those family benefits))

(2015/C 414/11)

Language of the case: German

Referring court

Referring court

Bundesfinanzhof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Bundesagentur für Arbeit — Familienkasse Sachsen

Applicant:

Defendant: Tomislaw Trapkowski

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 60(1), second sentence, of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems must be interpreted as meaning that the deeming provision included there may lead to the grant of entitlement to family benefits for a person who does not reside in the Member State responsible for paying those benefits where all the other conditions for the grant of those benefits laid down by national law are met, a matter which is for the referring court to determine. |
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1.

Article 60(1), second sentence, of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems must be interpreted as meaning that the deeming provision included there may lead to the grant of entitlement to family benefits for a person who does not reside in the Member State responsible for paying those benefits where all the other conditions for the grant of those benefits laid down by national law are met, a matter which is for the referring court to determine.

| 2. | Article 60(1), third sentence, of Regulation No 987/2009 must be interpreted as meaning that there is no requirement that the parent of the child for whom child benefits are paid, who resides in the Member State obliged to pay those benefits, must be granted entitlement to those benefits on the ground that the other parent, who resides in another Member State, has not applied for them. |
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2.

Article 60(1), third sentence, of Regulation No 987/2009 must be interpreted as meaning that there is no requirement that the parent of the child for whom child benefits are paid, who resides in the Member State obliged to pay those benefits, must be granted entitlement to those benefits on the ground that the other parent, who resides in another Member State, has not applied for them.

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(1)  OJ C 395, 10.11.2014.

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