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Case C-27/20: Request for a preliminary ruling from the Tribunal de grande instance de Rennes (France) lodged on 21 January 2020 — PF and QG v Caisse d’allocations familiales d’Ille-et-Vilaine (CAF)

ECLI:EU:UNKNOWN:62020CN0027

62020CN0027

January 21, 2020
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23.3.2020

Official Journal of the European Union

C 95/21

(Case C-27/20)

(2020/C 95/25)

Language of the case: French

Referring court

Parties to the main proceedings

Applicants: PF and QG

Defendant: Caisse d’allocations familiales d’Ille-et-Vilaine (CAF)

Question referred

Is EU law, in particular Articles 20 and 45 of the Treaty on the Functioning of the European Union, Article 4 of Regulation No 883/2004 (1) and Article 7 of Regulation No 492/2011, (2) to be interpreted as precluding a provision of national legislation, such as Article R 532-3 of the code de la sécurité sociale (French Social Security Code), which defines the reference calendar year, for the purposes of calculating family allowances, as the year before that preceding the payment period, and results, in a situation where the income of the person claiming the allowance has risen substantially in another Member State, and then fallen [following] his or her return to his or her Member State of origin, in that person being deprived, unlike residents who have not exercised their right of free movement, of part of his or her family allowance rights?

(1) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).

(2) Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ 2011 L 141, p. 1).

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