The French Supreme Court: foreign nationals applying for child allowance should prove their regular entry, notably by providing the child’s medical certificate

Cour de cassation, Chambre civile 2, 7 mai 2015, 14-14.712, Inédit

The present case concerns the right to non-EU nationals to obtain family allowance.

An Egyptian national arrived in France. A few years later his wife and children joined him without complying with the official “family reunion” procedure. Consequently, they did not pass the medical exam organised by the French Direction for Immigration and they did not obtain the special medical certificate.

The wife applied for child allowances but the social administration refused them on the grounds that the children did not satisfy the requirements, notably the presentation the medical certificate issued by the French Immigration Service (Office national de l’immigration).

The case was brought before the Supreme Court (Cour de cassation) which also refused to grant the child allowance.

According to the supreme judges, the presentation of a medical certificate aimed to attest the regular entry of the family, and especially the children, in France. Thus, the fact that the father has a long-term resident’s permit was irrelevant regarding the irregular situation of the children.

Concerning the principle of non-discrimination, the Supreme Court (Cour de cassation) qualified the child allowances as social benefits. As such, they were governed by Directive (EC) 2003/109 but also by Directive (EC) 2003/86 which poses conditions of regular entry and stay. In fact, the Supreme Court (Cour de cassation) linked the two EU texts and concluded that the social administration should exam the legal situation of the persons for who the child allowances are demanded (the children) and not the situation of the person who is formally signing the application (the mother).

The full text is available on EuroCases

 

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