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Caisse pour l'avenir des enfants v. FV e GW, Case C-802/18, CJEU (Sixth Section), 2 April 2020

Type Judgment
Case number C-802/18


Exclusion of the child of the spouse from social benefits recognized by a Member State. Discrimination based on nationality. 

Normative references

 Regulation (EU) n. 492/2011 of the European Parliament and of the Council of 5 April 2011
Art. 45 TFEU


Art. 45 TFEU and art. 7 of regulation no. 492/2011, relating to the free movement of workers within the Union, must be interpreted as meaning that a family allowance connected with the exercise, by a frontier worker, of an employment activity in a Member State a social advantage, under Community law. This interpretation precludes legal provisions of a Member State under which frontier workers may receive a family allowance linked to the exercise, by themselves, of an employment activity in a Member State only for their children, and not for the children of the spouse with whom they do not have a parentage relationship, while taking care of their maintenance, where the minors resident in that Member State receive these economic benefits.