BUNDESKINDERGELDGESETZ 2011 PDF

This document is an excerpt from the EUR-Lex website. Indeed, in such a case, all possibility of choosing between the Spanish dependent bundesknidergeldgesetz benefit and the Spanish non-contributory benefit for handicapped persons is excluded. Graf Vitzthum, acting as Agent. Help Print this page. Kreuschitz, acting as Agent.

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This document is an excerpt from the EUR-Lex website. Indeed, in such a case, all possibility of choosing between the Spanish dependent bundesknidergeldgesetz benefit and the Spanish non-contributory benefit for handicapped persons is excluded. Graf Vitzthum, acting as Agent.

Help Print this page. Kreuschitz, acting as Agent. Skip to main content. Would you like to keep them? Such a question of interpretation of a rule of EU law clearly falls within the exclusive jurisdiction of the Court. Indeed, such an incompatibility under national law can be explained only by the Spanish legislature finding that those two benefits are similar, or at the very least, pursue the same objective. Benefits shall be granted in accordance with the following rules, irrespective of the Member State in whose territory the pensioner or the children are residing:.

Indeed, that benefit cannot be bundeskinderfeldgesetz to be granted exclusively on the basis of the number, and, as the case may be, the age of members of the family, since supplementary or different criteria are also decisive, namely, the handicap and its degree or severity. The determining factor in this respect is that the Spanish family benefits are payable even if the handicapped child may not, in such a case, receive the Spanish non-contributory benefit for handicapped persons.

Plaza Cruz and S. Benefits shall be granted in accordance with the following rules, irrespective of the Member State in whose territory the pensioner or the children are residing: Expand all Collapse all. Cunha Rodrigues, President of the Chamber, U. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.

Indeed, that provision is intended not only to avoid the overlapping of benefits, but also to ensure an equitable sharing of burdens between Member States. Consequently, since the right to those benefits is precluded only because the parents of the handicapped child have taken advantage of an option provided for by Spanish national law, that court is inclined to take the view that receiving the Spanish non-contributory benefit for handicapped children prohibits interested persons from claiming the German dependent child benefit from the Member State which, not being the Member State of residence, is involved only in the alternative under those provisions.

This site uses cookies to improve your browsing experience. That would also be true under Article 78 2 b i of that regulation. Second, it is also supported by the meaning and purpose bundeskindergeldgesetzz Article 76 2. If an application for benefits is not made in the Member State in whose territory bjndeskindergeldgesetz members of the family are residing, the competent institution of the other Member State may apply the provisions of paragraph 1 as if benefits were granted in the first Member State.

Reference for a preliminary ruling: Where, during the same period, for the same family member and by reason of carrying on an occupation, family benefits are provided for by the legislation of the Member State in whose territory the members of the family are residing, entitlement to bundewkindergeldgesetz family bundeskindefgeldgesetz due in accordance with the legislation of another Member State, if appropriate under Article 73 or 74, shall be suspended up to the amount provided for in the legislation of the first Member State.

Indeed, if that were not the case, the questions raised by that court concerning the interpretation of those provisions would be irrelevant. The answer to the third question is that the answer to it is the same as that to the first two questions where, under the legislation of the Member State of residence, the interested persons are unable to opt for payment of family allowances in that State. Indeed, those interested persons do not meet all the conditions of form and of substance to be granted those allowances.

That would, for example, be the case if the handicapped child ceased to live together permanently with his parents in order to occupy a home of his own or to join a therapeutic community. Centeno Huerta, acting as Agents. The disputes in the main proceedings and the questions referred for a preliminary ruling. The fact that intentionally no application is made for the payment of family benefits ought not, therefore, to entail the transfer of the obligation to grant them from the Member State of priority in that respect to that which bundeskindergekdgesetz competent only in the alternative.

Transposed to bundeskindergldgesetz case here, the application of that provision means that the competent German institutions could act as if the interested persons had chosen to receive the family allowances provided for by the Spanish legislation, thus excluding the right to family allowances provided for by the German legislation. It is not disputed that that benefit constitutes a special non-contributory benefit.

That analogy is called for, first, based on the comparability of the interests at stake, since dependent children of pensioners should be treated in the same way as dependent children of workers. TOP Related.

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Dodal Help Print this page. Indeed, in such a case, all possibility of choosing between the Spanish dependent child benefit and the Spanish non-contributory benefit for handicapped persons is excluded. Use the Advanced search. Indeed, those interested bundskindergeldgesetz do not meet all the conditions of form and of substance to be granted those allowances. Consequently, since the right to those benefits is precluded only because the parents of the handicapped child have taken advantage of an option provided for by Spanish national law, that court is inclined to take the view that receiving the Spanish non-contributory benefit for handicapped children prohibits interested persons from claiming the German dependent child benefit from the Member State which, not being the Member State of residence, is involved only in the alternative under those provisions.

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BUNDESKINDERGELDGESETZ 2011 PDF

Arashigami Use the Advanced search. Bundeskindergsldgesetz fact that intentionally no application is made for the payment of family benefits ought not, therefore, to entail the transfer of the obligation to grant them from the Member State of priority in that respect to that which is competent only in the alternative. EUR-Lex Access to European Union law Transposed to the case here, the application of that provision means that the competent German institutions could act as if the interested persons had chosen to receive the family allowances provided for by the Spanish legislation, thus excluding the right to family allowances provided for by the German legislation. Indeed, that benefit cannot be considered to be granted exclusively on the basis of the number, and, as the case may be, the age of members of the family, since supplementary or different criteria are also decisive, namely, the handicap and its degree or severity. Social security for migrant workers — Family allowances — Pensioners entitled under the legislation of several Member States — Benefits for dependent children of pensioners and for orphans — Handicapped children. That would, for example, be the case if the handicapped child ceased to live together permanently with his parents in order to occupy a home of his own or to join a therapeutic community.

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Kreuschitz, acting as Agent. The fact that intentionally no application is made for the payment of family benefits ought not, therefore, to entail the transfer of the obligation to grant them from the Member State of priority in that respect to that which is competent only bundesklndergeldgesetz the alternative. The determining factor in this respect is that the Spanish family benefits bujdeskindergeldgesetz payable even if the handicapped child may not, in such a case, bundeskindergeldgesrtz the Spanish non-contributory benefit for handicapped persons. For handicapped children incapable of supporting themselves, the BKGG provides that that allowance is paid without any age limit if the handicap was established before the age of 25 years. This site uses cookies to improve your browsing experience. EU case law Case law Digital reports Directory of case law. Cunha Rodrigues, President of the Chamber, U.

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Skip to main content. Kreuschitz, acting as Agent. The fact that intentionally no application is made for the payment of family benefits ought not, therefore, to entail the transfer of the obligation to grant them from the Member State of priority in that respect to that which is competent only in the alternative. Centeno Huerta, acting as Agents. Indeed, such an incompatibility under national law can be explained only by the Spanish legislature finding that those two benefits are similar, or at the very least, pursue the same objective. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable. If an application for benefits is not made in the Member State in whose territory the members of the family are residing, the competent institution of the bundeskindsrgeldgesetz Member State may apply the provisions of paragraph 1 as if benefits were granted in the first Member State.

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