Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/13/2013

Subject: The Court affirmed that third-country national who obtained, less than five years earlier, a permit to reside in a Member State in order to join, not in the context of marriage or registered partnership, a national of another Member State (only that has the status of worker) by whom she has a child do not come within the scope ratione personae of regulation on the application of social security schemes to employed persons, to self employed persons and to members of their families moving within the Community, if in the meantime the cohabitation has come to an end, unless that third-country national or her daughter can be regarded, within the meaning of the national legislation and for its application, as ‘members of the family’ of the national of another Member State or, where that is not the case, unless they can be regarded as being ‘mainly dependent’ on him. Moreover, Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, does not preclude the legislation of a Member State imposing five years of residence to grant family benefits to a third-country national although its own nationals are not subject to that requirement.

Parties: Office national d’allocations familiales pour travailleurs salariés (ONAFTS) c. Radia Hadj Ahmed

Classification: Solidarity - Art. 34 Social security - Citizens’ rights - Art. 45 Freedom of movement

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