Official Journal of the European Union

C/2024/1518

26.2.2024

(Case C-664/23, Caisse d’allocations familiales des Hauts-de-Seine)

(C/2024/1518)

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Caisse d’allocations familiales des Hauts-de-Seine

Respondent: TX

Question referred

Following the judgment in INPS v WS of 25 November 2020 (C-302/19), must 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 be interpreted as precluding legislation of a Member State, such as France, which prohibits, for the purposes of determining entitlement to a social security benefit, the taking into account of the children, who are born in a third country, of the holder of a single permit, within the meaning of Article 2(c) of that directive, where those children, who are dependent on the holder of a single permit, have not entered the territory of the Member State for the purpose of family reunification, or where documents have not been produced to prove that they have entered the territory of that State lawfully, since that condition does not apply to the children of benefit recipients who are from that country or who are nationals of another Member State?

ELI: http://data.europa.eu/eli/C/2024/1518/oj

ISSN 1977-091X (electronic edition)

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(C/2024/1518) Language of the case: French.