Court of Justice (Sixth Chamber) 2 April 2020, C-802/18 (Caisse pour l'avenir des enfants.)

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The Court of Justice (Sixth Chamber) held that a Luxembourg family allowance (allocation pour l'avenir des enfants) granted to frontier workers on the basis of their employment in Luxembourg constitutes a social advantage within the meaning of Article 45 TFEU and Article 7(2) of Regulation No 492/2011. The Court further held that Article 1(i) and Article 67 of Regulation No 883/2004, read in conjunction with Article 7(2) of Regulation No 492/2011 and Article 2(2) of Directive 2004/38, preclude national provisions under which frontier workers may claim such allowance only for their own children and not for a spouse's children with whom they have no child-parent relationship but whom they support, where all children residing in the Member State are entitled to the allowance. The national legislation constituted unjustified indirect discrimination on grounds of nationality, as the justifications advanced—safeguarding the child's personal right and protecting the family benefits system from an unreasonable financial burden—were found neither appropriate nor necessary to achieve those objectives.AI