The judges of the Court of Justice of the European Union (CJEU) ruled on Thursday 7 February in the judgment of Case C-322/17 that EU law does not require a person to be gainfully employed in one Member State in order to receive family benefits for their children residing in another Member State.
Mr Bogatu, a Romanian national, was employed in Ireland from 2003 to 2009 before receiving unemployment benefits and then sick leave benefits from 2009 to 2015. In January 2009, he applied to the Irish authorities for family benefits for his children living in Romania.
The Irish authorities granted his request in part, but refused to grant him these benefits for the period from 2010 to 2013. They justified this decision by the fact that Mr Bogatu was not in paid employment or receiving a contributory benefit during this period.
In this case, the Irish High Court referred the matter to the CJEU for a preliminary ruling, asking the European judges whether Regulation 883/2004 on the coordination of social security systems requires a person wishing to receive family benefits for his children residing in a Member State other than his own to have an activity as an employed person in his State of residence or to be receiving contributory benefits.
The judges of the Court found, first of all, that under that Regulation, a person is entitled to family benefits under the law of his State of residence, in particular for members of his family residing in another Member State, as if they were living in the Member State of residence of the person claiming family benefits, irrespective of his employment status.
Secondly, the judges consider that the applicant does not necessarily have to receive cash benefits as a result of or following an activity as an employed person in order to be entitled to family benefits for children living in a Member State other than the one in which he resides. (Original version in French by Lucas Tripoteau)