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In the case at hand, a woman from Bulgaria had no income from gainful employment, but nevertheless applied for child benefit
Photo:
Sebastian Kahnert / dpa
Germany may not generally exclude parents from other EU countries from receiving child benefit during the first three months of their stay.
This was decided by the European Court of Justice (ECJ) in Luxembourg.
In order to be entitled to child benefit, it is sufficient for EU foreigners to want to settle here permanently.
EU citizens can stay in any other EU country for up to three months to look for work there.
A passport from an EU country is sufficient as a residence permit.
According to German law, these people are not entitled to Hartz IV benefits during these three months.
Since July 2019, there has only been an entitlement to child benefit if the parents are earning an income in Germany.
ECJ insists on equal treatment of foreign EU citizens with nationals
In the case at hand, a woman from Bulgaria had no income from work, but nevertheless applied for child benefit.
The Family Benefits Office refused, and the Bremen Finance Court referred the dispute to the ECJ.
This now insisted on equal treatment of foreign EU citizens with nationals.
According to EU law, an exception is only provided for social assistance - but child benefit is not a social assistance benefit.
Because it does not serve to ensure livelihood, but to balance family burdens.
According to the Luxembourg judgment, however, there is only a right to equal treatment with regard to child benefit if EU citizens have established their "habitual residence" here, i.e. want to settle permanently in Germany.
A temporary stay is not enough.
The Bremen Finance Court had already seen unequal treatment in the fact that Germans receive child benefit immediately after returning from a stay abroad, even if they initially have no income from work.
Therefore, Germany could probably also eliminate the unequal treatment by the fact that Germans do not receive child benefit unconditionally after a stay abroad.
Case number: C-411/20
ani/AFP
