Opinion of the Advocate General — ECLI:EU:C:2011:380
Date: 2011-06-09
Language of the case: German
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Social security for migrant workers – Family allowances – Pensioners entitled under the legislation of several Member States – Benefits for dependent children of pensioners and for orphans – Handicapped children (Council Regulation No 1408/71, as amended by Regulation No 1992/2006, Arts 77(2)(b)(i) and 78(2)(b)(i)) Articles 77(2)(b)(i) and 78(2)(b)(i) of Regulation No 1408/71, as amended and updated by Regulation No 118/97, as amended by Regulation No 1992/2006 must be interpreted as meaning that recipients of old age and/or invalidity pensions, or the orphan of a deceased worker, to whom the legislation of several Member States applied, but whose pension or orphan’s rights are based on the legislation of the former Member State of employment alone, are entitled to claim from the competent authorities of that State the full amount of the family allowances provided under that legislation for handicapped children, even though they have not, in the Member State of residence, applied for comparable, higher, allowances under the legislation of that latter State, because they opted to be granted another benefit for handicapped persons which is incompatible with those, since the right to family allowances in the former Member State of employment was acquired by reason of the legislation of that State alone. This also applies when, under the legislation of the Member State of residence, the interested persons are unable to opt for payment of family allowances in that State. (see paras 57, 59, operative part 1-2)