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European Observer on fundamental right's respect

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Case Law C- 225/10 (20/10/2011)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/20/2011

Subject: The Court stated that Regulation (EEC) No 1408/71 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, must be interpreted as meaning that recipients of old age and/or invalidity pensions, or the orphan of a deceased worker, to whom the legislation of several Member States applied, but whose pension or orphan’s rights are based on the legislation of the former Member State of employment alone, are entitled to claim from the competent authorities of that State the full amount of the family allowances provided under that legislation for handicapped children, even though they have not, in the Member State of residence, applied for comparable, higher, allowances under the legislation of that latter State, because they opted to be granted another benefit for handicapped persons which is incompatible with those, since the right to family allowances in the former Member State of employment was acquired by reason of the legislation of that State alone.

Parties: Pérez Garcia e a.

Classification: Solidarity - Art. 34 Social security

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