Source: All England Reporter
Publisher Citation: [2002] All ER (D) 131 (Sep)
Court: Court of Justice of the European Communities (Sixth Chamber)

Judges Macken (President of the Chamber), Gulmann (Rapporteur), Schintgen, Skouris and Cunha Rodrigues

Judgment Dates: 24 September 2002


European Community - Workers - Freedom of movement - Social security - Migrant workers from one member state entitled to pensions in another member state - Whether children of migrant worker entitled to family benefits in host member state when not satisfying eligibility criteria laid down by legislation of that member state - Council Regulation (EEC) 1408/71, arts 77(2)(b), 78(2)(b), 79(1).

The Case

The competent institution of a member state other than that of the residence of a person in receipt of an old-age or invalidity pension, or of the residence of orphans of a deceased worker, was not required to grant the persons concerned benefits for dependent children or for orphans where the conditions laid down by the legislation of the member state of residence for the award of such benefits were not or were no longer satisfied and where the entitlement of the pensioner or of the orphans claiming under the deceased worker was not acquired, in the other member state, solely under the legislation of that state.

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