Cross-border entitlements to family benefits — implications of European Court of Justice (ECJ) Judgment C-347/12

31.7.2017

Question for written answer E-005147-17
to the Commission
Rule 130
Pascal Arimont (PPE)

In Judgment C-347/12 of 8 May 2014, the ECJ ruled that, in the case of German cross-border workers who are entitled to family benefits in Luxembourg, one partner’s German parental leave benefit cannot be taken into account when determining their Luxembourgish benefits.

In its judgment, the court stated that the German parental leave benefit was ‘not a benefit of the same kind’ as the family allowance provided for under Luxembourgish law. The ECJ decided that, unlike the German child benefit and the Luxembourgish family allowance which are paid in support of the child, the parental leave benefit is meant for the parent. When calculating the difference, only ‘family benefits of the same kind’ should be taken into account, not all benefits.

What is the Commission’s view of the situation for couples living in Belgium, when one partner works in Germany and the other in Luxembourg? Can the parental leave benefit from the German authorities be offset against the Luxembourgish parental leave benefit if both partners apply for parental leave at the same time?