Official Journal of the European Union

EN

C series

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C/2024/6642

11.11.2024

(Case C-642/24)

(C/2024/6642)

Language of the case: German

Parties

Applicant: European Commission (represented by: B.-R. Killmann, E. Schmidt, acting as Agents)

Defendant: Federal Republic of Germany

Form of order sought

The Commission claims that the Court should:

1.declare that, by introducing and maintaining a system of family benefits in the Free State of Bavaria in the context of which workers whose children are permanently resident in one of the Member States listed in the relevant implementing provisions of the Free State of Bavaria receive lower amounts, the Federal Republic of Germany has failed to fulfil

—its obligations under Articles 7 and 67 of Regulation (EC) No 883/2004, and

—its obligations under Article 45 TFEU, Article 4 of Regulation No 883/2004 and Article 7(2) of Regulation (EU) No 492/2011;

2.order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

First, the European Commission alleges that the Federal Republic of Germany infringed Articles 7 and 67 of Regulation No 883/2004. The family allowance, as granted by the Free State of Bavaria, is a family benefit within the meaning of that regulation. The abovementioned provisions prohibit making the grant or the amount of family benefits dependent on family members of a worker residing in the Member State providing the benefits. However, the Free State of Bavaria provides for a reduction in the amount of family allowance for children, if they resided in 15 exhaustively listed Member States outside Germany. The Free State of Bavaria therefore treats family benefits for children precisely according to the Member State in which those children resided and not as if they resided in Germany.

Second, the Commission claims that the Federal Republic of Germany failed to comply with the principle of equal treatment, as set out in Article 4 of Regulation No 833/2004 and in Article 7(2) of Regulation No 492/2011. By reducing the family allowance for children residing in the 15 exhaustively listed Member States, the Free State of Bavaria treats persons differently depending on where their children reside, and, in particular, worse, if those children reside in one of the 15 exhaustively listed Member States. Ultimately, this gives rise to indirect discrimination to the detriment of migrant workers from those Member States which does not appear to be justified by any legitimate objective.

ELI: http://data.europa.eu/eli/C/2024/6642/oj

ISSN 1977-091X (electronic edition)

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