Social Security Law

The Court of cassation (Cour de cassation) ruled on the correlation between the French social security system and EU law

Cour de cassation, civile, Chambre civile 2, 6 octobre 2016, 15-23895

The present case concerned the rules on Social Security Law. Mrs. X. was entitled to a disability pension since 2005. She obtained from the Regional Health Insurance Fund of Île-de-France the maintenance of the aforementioned pension beyond her sixtieth birthday.
Following her dismissal in 2011, the fund notified her of its refusal to continue paying her beyond 30 November 2011 and has claimed repayment of the overpaid pension for the month of December 2011.

(more…)

...

Maintenance obligations towards a minor residing in Austria: Co-ordination of social security systems

Austrian Supreme Court of Justice (Oberstergerichtshof) 10Ob67/14x

The case concerned is about a minor who lives in Austria and is under the care of his mother. The father lives in Switzerland. Both parents are Swiss nationals. The child’s request for advances on maintenance payments in Austria was rejected, because neither parent had social security in Austria and the minor was privately insured in Austria.

(more…)

...

The European Court of Justice has confirmed that the nationals of other Member States of the EU may be refused certain social benefits during the first three months of their residence in a different Member State

JUDGMENT OF THE EUROPEAN COURT (First Chamber) 25 February 2016 (ECLI:EU:C:2016:114)

The ECJ decided on 25th February 2016 that the Member States are allowed to exclude nationals of other Member States from certain social benefits. The ruling made it clear that the German authorities had the prerogative to refuse European jobseekers and their children subsistence benefits during the first three months of their stay in Germany.

(more…)

...

The French Council of State validated the collective branch insurance and obliged French pharmacists to pay their social contributions to a specific health insurance fund

Conseil d’État, 1ère sous-section jugeant seule, 20/03/2015, 366345, Inédit au recueil Lebon

The present case concerns the complementary health insurance scheme in France and, in particular, the right to choose a health fund.

A Branch Agreement and a Ministerial decree created a mandatory supplementary health insurance for persons working in on-duty pharmacies obliging them to adhere to a specific health insurance body. Consequently, chemists had to pay their social contributions to the designed insurance body, without having the right to choose another public or private health fund.

(more…)

...

The French Supreme Court validated the collective branch insurance and obliged French bakers to pay their social contributions to a specific health insurance fund

Cour de cassation, Chambre sociale, 11 février 2015, 13-26.015 13-26.016, Inédit

The present case concerns the complementary health insurance scheme in France and, in particular, the right to choose a health fund.

A Branch Agreement, approved by a Ministerial decree, created a mandatory supplementary health insurance for persons working in bakery and pastry shops. Therefore, workers and employers had to adhere to a unique health insurance body. Consequently, they had to pay their social contributions to it, without having the right to choose another public or private health fund.

(more…)

...