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Case C-664/23, Caisse d’allocations familiales des Hauts-de-Seine: Judgment of the Court (Fifth Chamber) of 19 December 2024 (request for a preliminary ruling from the Cour d’appel de Versailles – France) – Caisse d’allocations familiales des Hauts-de-Seine v TX (Reference for a preliminary ruling – Directive 2011/98/EU – Rights of third-country workers who hold a single permit – Article 12 – Right to equal treatment – Social security – National legislation determining entitlements to family benefits – Legislation excluding the taking into account of the minor children of the single permit holder for lack of evidence that they have entered the national territory lawfully)
ECLI:EU:UNKNOWN:62023CA0664
62023CA0664
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Official Journal of the European Union
C series
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C/2025/1209
(Case C-664/23,
Caisse d’allocations familiales des Hauts-de-Seine)
(Reference for a preliminary ruling - Directive 2011/98/EU - Rights of third-country workers who hold a single permit - Article 12 - Right to equal treatment - Social security - National legislation determining entitlements to family benefits - Legislation excluding the taking into account of the minor children of the single permit holder for lack of evidence that they have entered the national territory lawfully)
(C/2025/1209)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Caisse d’allocations familiales des Hauts-de-Seine
Defendant: TX
Operative part of the judgment
Article 12(1)(e) of Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State
must be interpreted as precluding legislation of a Member State under which, for the purposes of determining the entitlement to social security benefits of a third-country national holding a single permit, the children born in a third country who are dependent on him or her are taken into account only if they can prove that they have entered the territory of that Member State lawfully.
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ELI: http://data.europa.eu/eli/C/2025/1209/oj
ISSN 1977-091X (electronic edition)
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(*1) Language of the case: French.