Case C-802/18 Caisse pour l'avenir des enfants v FV, GW: Equal treatment of workers or of children?: Note on Case C-802/18 Caisse pour l’avenir des enfants, 2 April 2020 and pending cases against Austria

Abstract

Providing family benefits in cross-border situations is one of the most complex chapters of the EU social security coordination law. Not only is there a great variety of family benefits, but also family structures are very distinct. The CJEU does not have an easy task in protecting the EU values. As a rule, it tries to construe the EU law as a whole, making it more internally coherent, rather than giving priority to one or another secondary legislative act. In the present case, it had to test national legislation against the EU law on social security coordination and freedom of movement. However, the question is whether the direct EU definition of a family should have priority over the EU definition referring to national law, hence depriving Member States of their own family policy concepts. The Court has not only emphasized the importance of equal treatment of (frontier) cross-border workers, but also respect of family and private life. Decision in the present case might play an important role also in others to follow (e.g. against adjusted export of Austrian family benefits).