Opinion of the Advocate General — ECLI:EU:C:2018:818
Date: 2018-10-04
Language of the case: English
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling;Reference for a preliminary ruling - decision unnecessary
Origin: Ireland

Reference for a preliminary ruling from the High Court (Ireland) made on 30 May 2017 – Eugen Bogatu v Minister for Social Protection (Case C-322/17) Language of the case: English Referring court High Court (Ireland) Parties to the main proceedings Applicant: Eugen Bogatu Defendant: Minister for Social Protection Questions referred Does EU Regulation No. 883/20041 , and in particular Article 67 thereof, when read in conjunction with article 11(2) thereof require that, in order to be eligible for "family benefit" as defined in article 1(z) of the Regulation, a person must either be employed or self-employed in the competent Member State (as defined in article l(s) of the Regulation or alternatively be in receipt of the cash benefits referred to in Article 11(2) of the Regulation? Is the reference to "cash benefits" in article 11(2) of the regulation to be interpreted as referring only to a period during which a claimant is in actual receipt of cash benefits, or does it mean any period during which a claimant is covered for a cash a benefit in the future, whether or not that benefit has been claimed at the time of application for family benefit? ____________ 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).