CELEX: 62012CA0216
Language: en
Date: 2013-09-19 00:00:00
Title: Joined Cases C-216/12 and C-217/12: Judgment of the Court (Fifth Chamber) of 19 September 2013 (requests for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg (Luxembourg)) — Caisse nationale des prestations familiales v Fjola Hliddal (C-216/12), Pierre-Louis Bornand (C-217/12) (Social security — Regulation (EEC) No 1408/71 — Agreement between the European Community and the Swiss Confederation — Swiss nationals residing in Switzerland and working in Luxembourg — Grant of a parental leave allowance — Concept of a ‘family benefit’ )

23.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 344/29
            
         Judgment of the Court (Fifth Chamber) of 19 September 2013 (requests for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg (Luxembourg)) — Caisse nationale des prestations familiales v Fjola Hliddal (C-216/12), Pierre-Louis Bornand (C-217/12)
   (Joined Cases C-216/12 and C-217/12) (1)
   
   (Social security - Regulation (EEC) No 1408/71 - Agreement between the European Community and the Swiss Confederation - Swiss nationals residing in Switzerland and working in Luxembourg - Grant of a parental leave allowance - Concept of a ‘family benefit’)
   2013/C 344/49
   Language of the case: French
   
      Referring court
   
   Cour de cassation du Grand-Duché de Luxembourg
   
      Parties to the main proceedings
   
   
      Appellant: Caisse nationale des prestations familiales
   
      Respondents: Fjola Hliddal (C-216/12), Pierre-Louis Bornand (C-217/12)
   
      Re:
   
   Requests for a preliminary ruling — Cour de cassation (Luxembourg) — Interpretation of Articles 1(u)(i) and 4(1)(h) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ 1971 L 149, p. 2) and of point 1 of Section A of Annex II to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, concluded on 21 June 1999 (OJ 2002 L 114, p. 6) — Concept of a ‘family benefit’ — Permissibility of national legislation providing for the grant of a parental leave allowance — Swiss national residing in Switzerland and working in Luxembourg.
   
      Operative part of the judgment
   
   Articles 1(u)(i) and 4(1)(h) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996 and as amended by Council Regulation (EC) No 1606/98 of 29 June 1998, must be interpreted as meaning that a parental leave allowance, such as the allowance provided for under Luxembourg legislation, constitutes a ‘family benefit’ within the meaning of that regulation.
   
      (1)  OJ C 235, 4.8.2012.