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Parliamentary question - E-001762/2020Parliamentary question

    Incompatibility of Austrian law with EU rules

    Question for written answer E-001762/2020
    to the Commission
    Rule 138
    Nicolae Ştefănuță (Renew)

    On 1 January 2019, Austria made family benefits and family tax reductions paid for children residing in another Member State dependent on the costs of living of that Member State.

    Regulation (EC) No 883/2004 prohibits Member States from reducing cash benefits granted to persons insured under its legislation because their family members reside in another Member State. Moreover, any reduction of family benefits solely because the children reside abroad breaches the EU rules on social security, as well as the principle of equal treatment of workers who are nationals of another Member State, according to Regulation (EU) No 492/2011.

    On these grounds, the Commission launched an infringement procedure, with a letter of formal notice in January and a reasoned opinion in July. Austria had two months to take the necessary measures to comply with the reasoned opinion. Since July 2019 there has been no information as to whether the Commission has referred the case to the Court of Justice of the European Union.

    The question is urgent and should be addressed rapidly, especially now in a time of crisis.This discriminatory treatment of EU workers should end.

    Last updated: 25 September 2020
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