Overview of recent cases before the Court of Justice of the European Union (September-December 2022)

Abstract

Five judgments from the Court of Justice on social security are reported on in this case note. First, Raad van bestuur van de Sociale verzekeringbank v X and Y (C-713/20) concerns the legislation applicable under Regulation 883/2004 to temporary agency workers in relation to periods between contracts. Second, DN v Finanzamt Österreich (Recouvrement de prestations familiales) (C-199/21) deals with the right to receive family benefits for a parent not residing with his child but bearing the costs of maintenance. Third, MCM v Centrala studiestödsnämnden (C-638/20) is about the export of student financial assistance for family members of migrant workers under Article 45 TFEU. Fourth, the requirement to register a partnership for the purpose of accessing a survivor's pension in a Member State, although that partnership was lawfully concluded and registered in another Member State, is under scrutiny in Caisse nationale d’assurance pension (C-731/21). Fifth and finally, FK v Rechtsanwaltskammer Wien (C-58/21) discusses the requirement to waive one's right to practise as a lawyer in other Member States in order to be granted an early retirement pension in light of Articles 45 TFEU and Article 49 TFEU.