Case C-45/12: Reference for a preliminary ruling from the Cour du travail, Brussels, Belgium lodged on 30 January 2012 — O.N.A.F.T.S. — Office national d’allocations familiales pour travailleurs salariés v Radia Hadj Ahmed
Date: 2012-01-30
Institutions: Court of Justice
Subjects: child of migrant, family benefit, marriage, residence permit








C_2012109EN.01000602.xml










14.4.2012   


EN


Official Journal of the European Union


C 109/6





Reference for a preliminary ruling from the Cour du travail, Brussels, Belgium lodged on 30 January 2012 — O.N.A.F.T.S. — Office national d’allocations familiales pour travailleurs salariés v Radia Hadj Ahmed
(Case C-45/12)
2012/C 109/11
Language of the case: French

Referring court

Cour du travail, Brussels

Parties to the main proceedings


Applicant: O.N.A.F.T.S. — Office national d’allocations familiales pour travailleurs salariés

Defendant: Radia Hadj Ahmed

Questions referred







1.


in circumstances where a national of a non-member country (in this case, of Algerian nationality) obtained, less than five years earlier, a permit to reside in a Member State (in this case, Belgium), in order to join, not in the context of a marriage or registered partnership, a citizen of another Member State (in this case, a person of French nationality), by whom she has a child (of French nationality), is that national one of the persons covered by Regulation No 1408/71 (1) as a family member of a worker who is a national of a Member State, for the grant, as awardee, of guaranteed family benefits for another child who is a national of a non-member country (in this case, of Algerian nationality) even though her cohabitation with the father of the child of French nationality has in the meantime come to an end?










2.


if the first question is answered in the negative, in the circumstances described in the first question, and by reason of the presence in her household of the child of French nationality, is that national of a non-member country or her child, who is a national of a non-member country, covered by Regulation No 1408/71 as a family member of a worker who is a national of a Member State, for the grant of guaranteed family benefits for the child of Algerian nationality?










3.


if the foregoing questions are answered in the negative, in the circumstances described in the first question, does that national of a non-member country enjoy, under Articles 13(2) and 14 of Directive 2004/38 (2), read in conjunction with Article 12 EC (now Article 18 TFEU), a right to the same legal treatment as nationals for so long as that right of residence has not been withdrawn, with the result that the Belgian State is precluded from imposing on her a length-of-residence requirement for the grant of guaranteed family benefits when that condition is not imposed on national beneficiaries?










4.


if the foregoing questions are answered in the negative, in the circumstances described in the first question, does that national of a non-member country, the mother of an EU citizen, benefit, under Articles 20 and 21 of the Charter of Fundamental Rights of the European Union from the principle of equal treatment, with the result that the Belgian State is precluded from imposing on her a length-of-residence requirement for the grant of guaranteed family benefits for another of her children, who is a national of a non-member country, when that length-of-residence requirement is not imposed in a respect of a child of EU nationality?






(1)  Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community …(OJ L 149, p. 2).

(2)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, p. 77).