Opinion of the Advocate General — ECLI:EU:C:2014:262
Date: 2014-04-10
Language of the case: German
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary — Judgment of the Court (Fifth Chamber), 6 November 2014 Social security — Migrant workers — Family allowances — EU rules against overlapping entitlements — Suspension of entitlement to benefits in the State of employment — Benefits due under the law of the Member State in which the members of the worker's family reside — Possibility for the Member State of employment to provide for a suspension of entitlement to family benefits when no application has been made for family benefits in the Member State of residence — Lawfulness — No discretion of the competent institution of the Member State of employment to apply that suspension (Council Regulation No 1408/71, Art. 76(1) and (2)) Article 76(2) of Regulation 1408/71 must be interpreted as authorising the Member State of employment to provide in its legislation for suspension by the competent institution of entitlement to family benefits when no application has been made for family benefits in the Member State of residence. In such circumstances, if the Member State of employment provides for such suspension of entitlement to family benefits in its national legislation, the competent institution is bound to apply that suspension in accordance with Article 76(2) of Regulation No 1408/71, provided that the conditions for the application of that legislation are met, and has no discretion in that regard. It is a requirement of the principles of legal certainty and of transparency that migrant workers and their family members should have the benefit of a clear precise legal situation enabling them to ascertain not only the full extent of their rights but also, as the case may be, the limitations of those rights. (see paras 44, 49, operative part)