Status: 01.08.2022 12:18 p.m
The European Court of Justice ruled that Germany may not generally deny parents from other EU countries child benefit during the first three months of their stay. However, one condition must be met.
The German state is not generally allowed to withhold child benefit from parents who have moved here from other EU countries for 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 claim, it is sufficient if EU foreigners want to settle permanently in Germany.
In general, 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, 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. A family from Bulgaria was therefore refused child benefit.
Bremen Finance Court turned to the ECJ
She had applied for child benefit without having an income from work. The Family Benefits Office refused, and the Bremen Finance Court referred the dispute to the ECJ. It saw unequal treatment with German citizens. This is because they receive child benefit after returning from another member state even if they are not gainfully employed.
The ECJ now insisted on equal treatment of foreign EU citizens with nationals. According to EU law, an exception is only provided for social assistance. However, child benefit is not a social assistance benefit. Because it does not serve to ensure livelihood, but to balance family burdens.
Permanent residency as a requirement
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.
(Az: C‑411/20)