Agentur fur arbeit Krefeld - Familienkasse v Fassbender-Firman

European Union – Social security. The Court of Justice of the European Union ruled that art 76(2) of Regulation (EEC) 1408/71, as amended, had to be interpreted as authorising the member state of employment to provide in its legislation for suspension by the competent institution of entitlement to family benefits when no application had been made for family benefits in the member state of residence. In such circumstances, if the member state of employment provided for such suspension of entitlement to family benefits in its national legislation, the competent institution was bound to apply that suspension in accordance with art 76(2) of that Regulation, provided that the conditions for the application of that legislation were met, and had no discretion in that regard.

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