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European Observer on fundamental right's respect

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Case Law C-363/08 (26/11/2009)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 11/26/2009

Subject: The Court affirmed that a divorced person who was paid family allowances by the competent institution of the Member State in which she was living and where her ex-husband continues to live and work maintains in respect of her child, provided that child is recognised as a ‘member of the family’ of the ex-husband entitlement to such allowances even though she leaves that State and settles with her child in another Member State, where she does not work, and even though her ex-husband could receive those allowances in his Member State of residence. The fact that this person is in employment in her Member State of residence, giving entitlement to family allowances, has the effect of suspending entitlement to family allowances payable under the legislation of the Member State in whose territory her ex-husband is in employment, up to the sum provided for by the legislation of her Member State of residence.

Parties: Slanina

Classification: Solidarity - Art. 34 Social security

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