CELEX: 62018CB0801
Language: en
Date: 2019-09-05 00:00:00
Title: Case C-801/18: Order of the Court (Sixth Chamber) of 5 September 2019 (request for a preliminary ruling from the Conseil supérieur de la Sécurité sociale — Luxembourg) — EU v Caisse pour l’avenir des enfants (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Freedom of movement for workers — Equal treatment — Article 45 TFEU — Regulation (EC) No 883/2004 — Article 4 — Social security convention concluded between the Member State of employment and a non-member country — Family allowances — Application to a frontier worker who is neither a national nor a resident of one of the Contracting States to the convention)

20.1.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/4
            
         
      Order of the Court (Sixth Chamber) of 5 September 2019 (request for a preliminary ruling from the Conseil supérieur de la Sécurité sociale — Luxembourg) — EU v Caisse pour l’avenir des enfants
      (Case C-801/18) (1)
      
      (Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Freedom of movement for workers - Equal treatment - Article 45 TFEU - Regulation (EC) No 883/2004 - Article 4 - Social security convention concluded between the Member State of employment and a non-member country - Family allowances - Application to a frontier worker who is neither a national nor a resident of one of the Contracting States to the convention)
      (2020/C 19/05)
      Language of the case: French
      
         Referring court
      
      Conseil supérieur de la Sécurité sociale
      
         Parties to the main proceedings
      
      
         Applicant: EU
      
         Defendant: Caisse pour l’avenir des enfants
      
         Operative part of the order
      
      Article 45 TFEU, read in conjunction with Article 4 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, must be interpreted as precluding the refusal by the competent authorities of one Member State to pay to a national of a second Member State, who works in the first Member State without living there, family allowances for his child living in a non-member country with her mother when, under identical conditions for the grant of those benefits, those competent authorities recognise the entitlement of their own nationals and residents to family benefits pursuant to a bilateral international convention concluded between the first Member State and that non-member country, unless those authorities can put forward an objective justification for refusing to do so.
      
         (1)  OJ C 82, 4.3.2019.