Jun
23
Hosse [2006]
June 23, 2007 |
In this case, Mr Hosse, of German nationality, is a frontier worker employed in Austria as a teacher in the Province of Salzburg. He pays taxes and social security contributions in Austria and is affiliated to sickness insurance in that State. He resides in Germany, near the Austrian frontier, with his daughter Silvia Hosse, who is severely disabled. In those circumstances, an application was made for a care allowance under a law of the Province of Salzburg for Silvia Hosse. The application was refused on the ground that under that law the person reliant on care must have his main residence in the Province of Salzburg in order to receive the care allowance.
The ECJ ruled that the grant of sickness benefits should not be conditional on the residence of the members of the worker’s family in the Member State of the place of employment, so as not to deter Community workers from exercising their right to freedom of movement. It would therefore be contrary to the Regulation 1408/71 to deprive the daughter of a worker of a benefit she would be entitled to if she were resident in that Member State.
The ECJ concluded that, if Silvia Hosse fulfils the other conditions of grant, she can claim from the competent Austrian institution payment of a care allowance such as that at issue, in so far as she is not entitled to a similar benefit under the legislation of the State in whose territory she resides.
Text of the ECJ judgment
Text of the AG opinion
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Sailor Sam…
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