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European Court of Justice (ECJ), April 2, 2020

ECJ 2 April 2020, Case C-802/18 (Caisse pour l'avenir des enfants), Social Insurance

Caisse pour l’avenir des enfants - v - FV and GW, Luxembourg case


Child benefits connected with pursuing activities as employed persons are social advantages within the meaning of Article 45 TFEU and Article 7(2) of Regulation 492/2011/EU. Articles 1(i) and 67 of Regulation 883/2004/EC in conjunction with Articles 7(2) of Regulation 492/2011 and Article 2(2) of Directive 2004/38/EC preclude provisions according to which member states provide frontier workers only child benefits for their own children, but not for their spouses’ children who they support, while all children living in the member state are entitled to these childs benefits.

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