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European Observer on fundamental right's respect

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Case Law C-16/09 (14/10/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/14/2010

Subject: The Court affirmed that on a proper interpretation of Article 76 of Regulation No.1408/71 and Article 10 of Regulation No. 574/72 a right, which is not subject to conditions of insurance, employment or self-employment, to benefits under the legislation of a Member State in which one parent resides with the children in favour of which those benefits are granted cannot be partially suspended in a situation in which the former spouse, who is the other parent of the children concerned, would in principle be entitled to family benefits under the legislation of the State in which he is employed, either simply by virtue of the national legislation of that State, or in application of Article 73 of the Regulation No 1408/71, but does not actually draw those benefits because he has not made an application for them.

Parties: Gudrun Schwemmer

Classification: Solidarity - Art. 34 Social security

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