Wurker v Familienkasse Nurnberg

European Union – Social security. The Court of Justice of the European Union ruled that: (i) on a proper construction of art 77(1) of Regulation (EEC) 1408/71, a benefit such as the pension for bringing up children provided for in para 47(1) of Book VI of the German Social Security Code (the Code), which was granted, in the event of death, to the former spouse of the deceased for the purposes of bringing up the children of that former spouse, could not be treated in the same way as 'pensions for old age, invalidity or an accident at work or occupational disease' within the meaning of art 77 of Regulation (EEC) 1408/71; and (ii) on a proper construction of art 67 of Regulation (EC) 883/2004, a benefit such as the pension for bringing up children provided for in para 47(1) of Book VI of the Code was covered by the concept of 'pension' within the meaning of art 67.

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