Opinion of the Advocate General — ECLI:EU:C:2000:517
Date: 2000-09-28
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Social security for migrant workers;Anti-discrimination;Non-discrimination on grounds of nationality
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 
Social security for migrant workers — Community rules — Material scope — Payment 
of advances on maintenance payments to minor children — Included — Condition 
concerning the recipient's nationality — Not permissible 
(Council Regulation No 1408/71, Arts l(u)(i), 3 and 4(1 )(h)) 
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SUMMARY — CASE C-85/99 
The expression 'to meet family expenses' in 
Article 1(u)(i) of Regulation No 1408/71 is 
to be interpreted as referring, in particular, 
to a public contribution to a family's 
budget to alleviate the financial burdens 
involved in the maintenance (Unterhalt) of 
children. 
The method by which a benefit is financed 
does not affect its classification as a social 
security benefit. It does not matter by what 
legal mechanism the Member State imple­
ments the benefit. Consequently, the fact 
that the public contribution takes the form 
of advances on maintenance paid by a 
public fund in the place of the defaulting 
debtor is of no consequence. 
It follows that a benefit such as the 
advances on maintenance payments provi­
ded for by the Österreichische Bundesgesetz 
über die Gewährung von Vorschüssen auf 
den Unterhalt von Kindern (Unterhalts­
vorschußgesetz) (Federal Austrian Law on 
the Grant of Advances for the Maintenance 
of Children) constitutes a family benefit 
within the meaning of Article 4(1)(h) of 
Regulation No 1408/71. Consequently, 
persons residing in the territory of a 
Member State to which the provisions of 
that regulation apply are entitled, in accor­
dance with the principle of equal treatment 
of a State's nationals and the nationals of 
other Member States in matters of social 
security set out in Article 3 of that regula­
tion, to receive such a benefit under the 
legislation of that Member State on the 
same conditions as that State's nationals. 
(see paras 41, 46-47, 49 
and operative part) 
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