Official Journal of the European Union

C series

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C/2024/3573

17.6.2024

(Case C-36/23, Familienkasse Sachsen)

(Reference for a preliminary ruling - Social security - Regulation (EC) No 883/2004 - Family benefits - Article 68 - Rules of priority in the case of overlapping of benefits - Obligation on the institution of the Member State having secondary competence to forward an application for family benefits to the institution of the Member State having primary competence - No application for family benefits in the child’s Member State of residence - Partial recovery of family benefits paid in the Member State of activity as an employed person of one of the parents)

(C/2024/3573)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: L

Defendant: Familienkasse Sachsen der Bundesagentur für Arbeit

Operative part of the judgment

Article 68 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, which lays down priority rules in the event of overlapping family benefits,

must be interpreted as meaning that although it does not allow the institution of a Member State whose legislation does not have priority according to the criteria referred to in paragraph 1 of that article to claim from the person concerned partial reimbursement of such benefits paid in that Member State, on account of the existence of a right to those benefits provided for in the legislation of another Member State applicable by priority, where no family benefit has been fixed or paid in that other Member State, it nevertheless allows that institution to claim from the institution with primary competence the reimbursement of the amount of benefits which exceeds that which it is required to reimburse under the provisions of that regulation.

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ELI: http://data.europa.eu/eli/C/2024/3573/oj

ISSN 1977-091X (electronic edition)

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