Judgment — ECLI:EU:C:2009:732
Date: 2009-11-26
Language of the case: German
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social security for migrant workers
Concepts: Family benefits and family allowances for employed and unemployed persons
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 1. Social security for migrant workers – Family allowances – Minor child residing with one parent in a Member State other than the Member State providing the benefit – Other parent working in the Member State providing the benefit – Maintaining entitlement to family allowances payable by the Member State providing the benefit – Conditions (Council Regulation No 1408/71, Art. 73) 2. Social security for migrant workers – Family allowances – Community rules for prevention of overlapping benefits – Worker entitled to allowances in his State of employment and his State of residence – Suspension of the right to benefits in the Member State of residence and employment of the ex-husband up to the sum of the amount provided for by the former State (Council Regulation No 1408/71, Art. 76) 1. Article 73 of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, must be interpreted as meaning that a divorced person who was paid family allowances by the competent institution of the Member State in which she was living and where her ex-husband continues to live and work maintains in respect of her child, provided that child is recognised as a ‘member of the family’ of the ex-husband within the meaning of Article 1(f)(i) of that regulation, entitlement to such allowances even though she leaves that State and settles with her child in another Member State, where she does not work, and even though her ex-husband could receive those allowances in his Member State of residence. (see para. 32, operative part 1) 2. The fact that a person is in employment in her Member State of residence, giving entitlement to family allowances, has, under Article 76 of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, the effect of suspending entitlement to family allowances payable under the legislation of the Member State in whose territory her ex-husband is in employment, up to the sum provided for by the legislation of her Member State of residence. (see para. 38, operative part 2)