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Corte di giustizia UEsentenza

Corte di giustizia UE n. 883/2014

ECLI:EU:C:2014:107
Testo integrale del provvedimento

Testo integrale del provvedimento

62013CJ0032

[OSCURATO:PERSONA] ([OSCURATO:PERSONA])

27 February 2014 ( *1 ) ‛[OSCURATO:PERSONA] security — [OSCURATO:PERSONA] (EEC) No 1408/71 — [OSCURATO:PERSONA] allowances — [OSCURATO:PERSONA] 77 and 78 — Benefits for dependent children of pensioners and for orphans — [OSCURATO:PERSONA] (EC) No 883/2004 — [OSCURATO:PERSONA] benefits — Article 67 — [OSCURATO:PERSONA] members residing in another [OSCURATO:PERSONA] — Concept of ‘pension’ — Recipient of a pension granted, pursuant to [OSCURATO:PERSONA] legislation, for bringing up children following the death of the person from whom that recipient was divorced (‘Erziehungsrente’)’

[OSCURATO:PERSONA] C‑32/13,

REQUEST for a preliminary ruling under Article 267 TFEU from the [OSCURATO:PERSONA] (Germany), made by decision of 28 December 2012, received at the [OSCURATO:PERSONA] on 22 January 2013, in the proceedings

[OSCURATO:PERSONA]

v

[OSCURATO:PERSONA],

[OSCURATO:PERSONA] ([OSCURATO:PERSONA]),

composed of M. Ilešič, President of the [OSCURATO:PERSONA], C.G.

Fernlund, A. Ó Caoimh (Rapporteur), C. Toader and E. Jarašiūnas, [OSCURATO:PERSONA], [OSCURATO:PERSONA]: P. Mengozzi, Registrar: A. [OSCURATO:PERSONA], having regard to the written procedure, after considering the observations submitted on behalf of: — the [OSCURATO:PERSONA], by T. Henze and J. Möller, acting as Agents, — the [OSCURATO:PERSONA], by

V. Kreuschitz, acting as Agent, having decided, after hearing the [OSCURATO:PERSONA], to proceed to judgment without an Opinion, gives the following

[OSCURATO:PERSONA]

1 This request for a preliminary ruling concerns the interpretation of [OSCURATO:PERSONA] 77 and 78 of [OSCURATO:PERSONA] (EEC) No 1408/71 of the [OSCURATO:PERSONA] of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in the version amended and updated by [OSCURATO:PERSONA] (EC) No 118/97 of 2 December 1996 ( OJ 1997 L 28, p. 1 , as amended by [OSCURATO:PERSONA] (EC) No 592/2008 of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 17 June 2008 ( OJ 2008 L 177, p. 1 ; ‘[OSCURATO:PERSONA] 1408/71’), and of Article 67 of [OSCURATO:PERSONA] (EC) No 883/2004 of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 29 April 2004 on the coordination of social security systems ( OJ 2004 L 166, p. 1 , and corrigendum OJ 2004 L 200, p. 1 ), as amended by [OSCURATO:PERSONA] (EC) No 988/2009 of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 16 September 2009 ( OJ 2009 L 284, p. 43

; ‘[OSCURATO:PERSONA] 883/2004’).

2 The request has been made in proceedings between [OSCURATO:PERSONA] and the [OSCURATO:PERSONA] ([OSCURATO:PERSONA], [OSCURATO:PERSONA], ‘the [OSCURATO:PERSONA]’) concerning the latter’s refusal to pay her child allowances. Legal context [OSCURATO:PERSONA] law

[OSCURATO:PERSONA] 1408/71

3 Article 1(u) of [OSCURATO:PERSONA] 1408/71 provides that, for the purposes of its application: ‘(i) the term family benefits means all benefits in kind or in cash intended to meet family expenses under the legislation provided for in Article 4 (1) (h), excluding the special childbirth or adoption allowances referred to in Annex II; (ii) family allowances means periodical cash benefits granted exclusively by reference to the number and, where appropriate, the age of members of the family’. 4 In the words of Article 4(1)(h) of that regulation, the regulation is to apply to ‘all legislation concerning the following branches of social security … family benefits’. 5 [OSCURATO:PERSONA] III of that regulation, entitled ’Special provisions relating to the various categories of benefits’, Chapter 3, which contains [OSCURATO:PERSONA] 44 to 51a, is entitled ‘Old age and death (pensions)’, and Chapter 8, which includes Article 77 to 79a, is entitled ‘Benefits for dependent children of pensioners and for orphans’. 6 Article 77 of [OSCURATO:PERSONA] 1408/71, entitled ‘Dependent children of pensioners’, provides: ‘1.

The term “benefits”, for the purposes of this Article, shall mean family allowances for persons receiving pensions for old age, invalidity or an accident at work or occupational disease, and increases or supplements to such pensions in respect of the children of such pensioners, with the exception of supplements granted under insurance schemes for accidents at work and occupational diseases.

2. Benefits shall be granted in accordance with the following rules, irrespective of the [OSCURATO:PERSONA] in whose territory the pensioner or the children are residing: (a) to a pensioner who draws a pension under the legislation of one [OSCURATO:PERSONA] only, in accordance with the legislation of the [OSCURATO:PERSONA] responsible for the pension; ...’ 7 Article 78 of that regulation, entitled ‘Orphans’, is worded as follows: ‘1.

The term “benefits”, for the purposes of this Article, means family allowances and, where appropriate, supplementary or special allowances for orphans …

2. Orphans’ benefits shall be granted in accordance with the following rules, irrespective of the [OSCURATO:PERSONA] in whose territory the orphan or the natural or legal person actually maintaining him is resident: (a) for the orphan of a deceased employed or self-employed person who was subject to the legislation of one [OSCURATO:PERSONA] only in accordance with the legislation of that [OSCURATO:PERSONA]; (b) for the orphan of a deceased employed or self-employed person who was subject to the legislation of several [OSCURATO:PERSONA]: ...’ 8 The first subparagraph of Article 79(1) of [OSCURATO:PERSONA] 1408/71, entitled ‘Provisions common to benefits for dependent children of pensioners and for orphans’, provides: ‘Benefits, within the meaning of [OSCURATO:PERSONA] 77 and 78, shall be provided in accordance with the legislation determined by applying the provisions of those [OSCURATO:PERSONA] by the institution responsible for administering such legislation and at its expense as if the pensioner or the deceased had been subject only to the legislation of the competent [OSCURATO:PERSONA].’

[OSCURATO:PERSONA] 883/2004

9 [OSCURATO:PERSONA] 1408/71 was replaced by [OSCURATO:PERSONA] 883/2004, which, in accordance with Article 91 thereof and with Article 97 of [OSCURATO:PERSONA] (EC) No 987/2009 of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 16 September 2009 laying down the procedure for implementing [OSCURATO:PERSONA] (EC) No 883/2004 on the coordination of social security systems ( OJ 2009 L 284, p. 1 ), became applicable on 1 May 2010, the date from which [OSCURATO:PERSONA] 1408/71 was repealed. 10 Recital 34 in the preamble to [OSCURATO:PERSONA] 883/2004 states: ‘Since family benefits have a very broad scope, affording protection in situations which could be described as classic as well as in others which are specific in nature … it is necessary to regulate all such benefits.’ 11 Article 1 of [OSCURATO:PERSONA] 883/2004 provides: ‘For the purposes of this [OSCURATO:PERSONA], ... (w) “pension” covers not only pensions but also lump-sum benefits which can be substituted for them and payments in the form of reimbursement of contributions and, subject to the provisions of [OSCURATO:PERSONA] III, revaluation increases or supplementary allowances; ... (z) “family benefit” means all benefits in kind or in cash intended to meet family expenses, excluding advances of maintenance payments and special childbirth and adoption allowances mentioned in Annex I.’ 12 Article 67 of that regulation reads as follows: ‘A person shall be entitled to family benefits in accordance with the legislation of the competent [OSCURATO:PERSONA], including for his family members residing in another [OSCURATO:PERSONA], as if they were residing in the former [OSCURATO:PERSONA].

However, a pensioner shall be entitled to family benefits in accordance with the legislation of the [OSCURATO:PERSONA] competent for his pension.’ [OSCURATO:PERSONA] law 13 Entitlement to child allowance is based on the [OSCURATO:PERSONA] on child allowance (Bundeskindergeldgesetz). 14 [OSCURATO:PERSONA] on income tax (Einkommensteuergesetz) makes receipt of child allowance conditional on the beneficiary’s being fully liable to tax in Germany and therefore, according to the referring court, conditional on the beneficiary’s having his residence in that [OSCURATO:PERSONA]. 15 [OSCURATO:PERSONA] 47(1) of Book VI of the [OSCURATO:PERSONA] ([OSCURATO:PERSONA], [OSCURATO:PERSONA], ‘the [OSCURATO:PERSONA]’), insured persons are entitled to a pension for bringing up children until they reach normal retirement age if: — their marriage was dissolved after 30 June 1977 and the person from whom they were divorced (‘the former spouse’) has died; — they are bringing up their own child or a child of the deceased former spouse (age limit: 18 years); — they have not remarried; and — on the date of the ex-spouse’s death, they have completed the normal qualifying period. 16 The referring court states that, pursuant to [OSCURATO:PERSONA] law, the pension for bringing up children is in the nature of a survivor’s pension (pension on account of death).

The case in the main proceedings and the questions referred for a preliminary ruling 17 [OSCURATO:PERSONA], a [OSCURATO:PERSONA] national born on 24 February 1963, receives, following the death on 4 December 1991 of her former spouse with whom she had a child, Diana, a pension for bringing up children under [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA]. 18 Since 1 September 2008 [OSCURATO:PERSONA] has lived in Sweden with her two other children, Laura and Chris, and their father, without being married to him. 19 According to the referring court, even though Diana has reached the age of 18, [OSCURATO:PERSONA] is entitled, under [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA], to a pension for bringing up children in respect of Laura and Chris, born on 24 March 1995 and 15 November 1997, respectively. 20 It is apparent from the file before the [OSCURATO:PERSONA] that the Swedish authorities, taking account in particular of [OSCURATO:PERSONA] receipt of that pension provided for by the [OSCURATO:PERSONA], have rejected her application for the grant of the family allowances provided for by the Swedish legislation. 21 According to the order for reference, it is furthermore established between the parties to the main proceedings that since 1 September 2008 [OSCURATO:PERSONA] has no longer been entitled to child allowance in accordance with the Law on income tax.

By decision of 11 January 2010, the [OSCURATO:PERSONA], [OSCURATO:PERSONA] (Germany) rejected [OSCURATO:PERSONA] application for the grant of that allowance because she was not resident, and subject to income tax, in Germany.

That decision has become final. 22 By decision of 7 September 2010, the [OSCURATO:PERSONA] confirmed the rejection, of 22 February 2010, of [OSCURATO:PERSONA] application for the grant of child allowance for her children Laura and Chris as from the date she moved to Sweden.

That decision was based on the facts that, first, [OSCURATO:PERSONA] was not in receipt of any pension of the type of those referred to in Article 77 of [OSCURATO:PERSONA] 1408/71 and, second, that Article 78 of that regulation does not confer entitlement to that allowance on the children concerned, because they are not the children of [OSCURATO:PERSONA] deceased former spouse. 23 It is against that decision that the action in the main proceedings is brought.

According to the referring court, the subject-matter of the case before it is entitlement to child allowance based on the Law on child allowance, read together with the rules on the coordination of social security systems at EU level. 24 In response to a question asked by that court, the [OSCURATO:PERSONA] took the view that [OSCURATO:PERSONA] was not entitled to child allowance under [OSCURATO:PERSONA] 883/2004, which replaced [OSCURATO:PERSONA] 1408/71 from 1 May 2010, either. 25 For the period from September 2008 to April 2010, the referring court indicates that it is inclined to follow the approach of the [OSCURATO:PERSONA].

In contrast, for the period as from 1 May 2010, that court finds that entitlement to family benefits on the basis of the [OSCURATO:PERSONA] legislation is substantiated on the basis of Article 67 of [OSCURATO:PERSONA] 883/2004. 26 In those circumstances, the [OSCURATO:PERSONA] decided to stay the proceedings and to refer the following questions to the [OSCURATO:PERSONA] of Justice for a preliminary ruling: ‘(1) [OSCURATO:PERSONA] 77 or 78 of [OSCURATO:PERSONA] … No 1408/71 be interpreted as meaning that receipt of a pension for bringing up children (“Erziehungsrente”) confers a right against the [OSCURATO:PERSONA] that pays the pension? (2) Has the situation changed since 1 May 2010 with the entry into force of [OSCURATO:PERSONA] … No 883/2004 and must Article 67 of that regulation be interpreted as meaning that any type of pension (including a [OSCURATO:PERSONA] pension for bringing up children) confers [that] right?’ Consideration of the questions referred The first question 27 It must be borne in mind that, under [OSCURATO:PERSONA] 77(2)(a) and 78(2)(a) of [OSCURATO:PERSONA] 1408/71, where persons receiving pensions for old age, invalidity or an accident at work or occupational disease were, or the deceased employed worker was, subject to the legislation of one [OSCURATO:PERSONA] only, family benefit is granted according to the legislation of that [OSCURATO:PERSONA]. [OSCURATO:PERSONA] the first subparagraph of Article 79(1) of that regulation, those benefits are to be provided in accordance with the legislation by the institution responsible for applying that legislation and at its expense. 28 According to the case-law, the ‘family allowances’ for which [OSCURATO:PERSONA] 77 and 78 of [OSCURATO:PERSONA] 1408/71 provide payment, are solely those benefits that match the definition in Article 1(u)(ii) of that regulation, to the exclusion of any other family benefit for dependent children (see, to that effect, [OSCURATO:PERSONA]225/10 [OSCURATO:PERSONA] and Others

[2011] ECR I-10111

, paragraph 31 and the case-law cited). 29 In the present case, it is established that the child allowance provided for by the [OSCURATO:PERSONA] legislation meets that definition and that it is, therefore, capable of falling within the ambit of [OSCURATO:PERSONA] 77 and 78 of [OSCURATO:PERSONA] 1408/71 (see, to that effect, [OSCURATO:PERSONA] and Others , paragraph 33). 30 In that regard, it must, however, be borne in mind that, in accordance with its very wording, the first subparagraph of Article 78(2)(a) and (b) of [OSCURATO:PERSONA] 1408/71 governs only the right to benefits for the ‘orphan of a deceased employed person’ (see [OSCURATO:PERSONA] 1/88 Baldi [1989] ECR 667 , paragraph 15, and [OSCURATO:PERSONA]619/11 Dumont de Chassart [2013] ECR, paragraph 35). 31 It is apparent from the information provided to the [OSCURATO:PERSONA] that, although [OSCURATO:PERSONA] continues to be eligible for the pension for bringing up children provided for by the [OSCURATO:PERSONA] for her children Laura and Chris, they are not the children of the deceased. 32 It follows that such a pension does not fall within the ambit of Article 78 of [OSCURATO:PERSONA] 1408/71. 33 As for Article 77(1) of [OSCURATO:PERSONA] 1408/71, it is apparent from its very wording that that provision covers only persons receiving ‘pensions or annuities for old age, invalidity or an accident at work or occupational disease’. 34 In a case such as that in the main proceedings, it is therefore only where a benefit such as the pension for bringing up children provided for by the [OSCURATO:PERSONA] could, notwithstanding its wording, be treated in the same way as one of the categories of pensions listed in Article 77(1) that it would be for the [OSCURATO:PERSONA] authorities, as the authorities responsible for paying that pension, to grant [OSCURATO:PERSONA] the family allowances for her children Laura and Chris. 35 In those circumstances, it must be considered that by its first question, the referring court asks whether, on a proper construction of Article 77(1) of [OSCURATO:PERSONA] 1408/71, a benefit such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA], which is granted, in the event of death, to the former spouse of the deceased for the purposes of bringing up the children of that former spouse, may be treated in the same way as ‘pensions for old age, invalidity or an accident at work or occupational disease’ within the meaning of that provision of that regulation. 36 According to the case-law of the [OSCURATO:PERSONA], the classification of a benefit in the general scheme of [OSCURATO:PERSONA] 1408/71 is based essentially on the constituent elements of that benefit, in particular its purposes and the conditions on which it is granted, and not on the classification which is made by the national legislation (see, by analogy with the distinction between benefits excluded from the scope of [OSCURATO:PERSONA] 1408/71 and benefits which fall within it, inter alia, [OSCURATO:PERSONA] 9/78 Directeur régional de la Sécurité sociale de Nancy [1978] ECR 1661 , paragraph 12; [OSCURATO:PERSONA]160/96 Molenaar

[1998] ECR I-843

, paragraph 19; and [OSCURATO:PERSONA] C‑177/12 Lachheb [2013] ECR, paragraph 28). 37 First of all it must be stated that, as is apparent from paragraph 15 of the present judgment, the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA] does not require an accident at work or occupational disease or physical, mental or psychological injury hindering the pursuit of a professional activity by the person entitled. 38 It is apparent from the file before the [OSCURATO:PERSONA], in particular from the observations of the [OSCURATO:PERSONA], that the pension for bringing up children, established on 1 July 1977, has its origins in the reform of the [OSCURATO:PERSONA] law on marriage and the family in the context of which, first, as regards divorce, the ‘principle of fault’ was replaced by the ‘principle of the failure of the marriage’ and, second, the right to maintenance after divorce was separated, in principle, from responsibility for the failure of the marriage.

In the context of that reform, the pension for bringing up children is intended to fill any gaps as regards cover that could appear, to the detriment of the surviving former spouse, between the ‘compensatory splitting of pension rights’, the introduction of which caused the survivor’s pension hitherto granted to a surviving divorced spouse to lapse, and the maintenance of the divorced spouse. 39 As is apparent from paragraph 15 above, that pension for bringing up children presupposes the death of a former spouse.

According to the explanations provided by the [OSCURATO:PERSONA], that pension is intended to compensate the right to receive a maintenance payment linked to responsibility for a dependent child, which ended with that death, and to prevent the surviving parent being constrained to work when that is not in the interests of the child. 40 It is also apparent from the information provided to the [OSCURATO:PERSONA] that, until 1991, entitlement to receive the pension for bringing up children was conferred only if the surviving spouse was responsible for bringing up a child who could claim an orphan’s pension.

Since 1992, the class of persons able to claim the benefit of that pension has, however, been extended, so that entitlement to that pension because of the death of the former spouse could be conferred even when a child is the result, as in the case in the main proceedings, of a new relationship of the person entitled. 41 Furthermore, it is apparent from the explanations provided by the [OSCURATO:PERSONA] that entitlement to the pension for bringing up children is conferred irrespective of any condition that the person entitled should have reached a minimum age, and that the fact of reaching the normal retirement age laid down by the [OSCURATO:PERSONA] legislation extinguishes that entitlement, the latter then being replaced by the old age pension. 42 Taking account of the foregoing, it is to be considered that a benefit such as the pension for bringing up children laid down by the [OSCURATO:PERSONA] presents the characteristics of a pension paid in the event of death, such as a survivor’s pension, rather than those of one of the categories of pension specifically listed in Article 77(1) of [OSCURATO:PERSONA] 1408/71, namely, pensions or annuities ‘for old age, invalidity or an accident at work or occupational disease’. 43 It follows that a benefit, such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA], is not to be treated in the same way as one of the categories of pensions listed in Article 77(1). 44 The fact, noted by the referring court, that that pension for bringing up children contains essential elements of a pension acquired on the basis of an insured person’s own qualifying period as an employee under the [OSCURATO:PERSONA] social security scheme, does not call that conclusion into question (see, by analogy, [OSCURATO:PERSONA]43/99 Leclere and Deaconescu

[2001] ECR I-4265

, paragraph 50). 45 In the light of the foregoing, the answer to the first question is that, on a proper construction of Article 77(1) of [OSCURATO:PERSONA] 1408/71, a benefit such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA], which is granted, in the event of death, to the former spouse of the deceased for the purposes of bringing up the children of that former spouse, cannot be treated in the same way as ‘pensions for old age, invalidity or an accident at work or occupational disease’ within the meaning of Article 77 of [OSCURATO:PERSONA] 1408/71.

The second question 46 Having regard to the reply given to the first question, the second question must be understood as seeking to determine whether, on a proper construction of Article 67 of [OSCURATO:PERSONA] 883/2004, a benefit such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA] is covered by the concept of ‘pension’ within the meaning of Article

67. 47 In that regard, it must be noted that that last provision is included in Chapter 8, entitled ‘[OSCURATO:PERSONA] benefits’, of [OSCURATO:PERSONA] III to [OSCURATO:PERSONA] 883/2004.

That chapter deals with the benefits listed previously in Chapters 7 and 8, [OSCURATO:PERSONA] III, of [OSCURATO:PERSONA] 1408/71. 48 On the basis of the new definition of the phrase ‘family benefits’, set out in Article 1(z) of [OSCURATO:PERSONA] 883/2004, the distinction drawn in the context of the application of [OSCURATO:PERSONA] 1408/71 between ‘family allowances’ and ‘family benefits’, recalled at paragraph 29 above, is not intended to apply to situations falling within the ambit of [OSCURATO:PERSONA] 883/2004, the latter seeking, in accordance with recital 34 thereof, to regulate all such family benefits since they have a very broad scope. 49 As is apparent from its very title, Article 67 of [OSCURATO:PERSONA] 883/2004 concerns the payment of family benefits, in particular in the case of ‘family members residing in another [OSCURATO:PERSONA]’.

The last sentence of that article contains a special rule under which, in such a case, ‘a pensioner shall be entitled to family benefits in accordance with the legislation of the [OSCURATO:PERSONA] competent for his pension’. 50 It must be observed that the application of that provision, unlike that of Article 77(1) of [OSCURATO:PERSONA] 1408/71, is not limited to persons receiving certain categories of pensions or annuities. 51 The definition of the word ‘pension’, set out in Article 1(w) of [OSCURATO:PERSONA] 883/2004 includes, besides pensions linked to the previous pursuit of a salaried or non-salaried occupation, such as those that were referred to in Article 77(1) of [OSCURATO:PERSONA] 1408/71, pensions paid in the event of death, like the pension for bringing up children provided for in the [OSCURATO:PERSONA]. 52 It follows that a situation such as that of [OSCURATO:PERSONA], who receives a pension for bringing up children, falls within the ambit of Article 67 of [OSCURATO:PERSONA] 883/2004. 53 In the light of the foregoing, the answer to the second question is that, on a proper construction of Article 67 of [OSCURATO:PERSONA] 883/2004, a benefit such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA] is covered by the concept of ‘pension’ within the meaning of Article

67. Costs 54 Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court.

Costs incurred in submitting observations to the [OSCURATO:PERSONA], other than the costs of those parties, are not recoverable.

On those grounds, the [OSCURATO:PERSONA] ([OSCURATO:PERSONA]) hereby rules:

1. On a proper construction of Article 77(1) of [OSCURATO:PERSONA] (EEC) No 1408/71 of the [OSCURATO:PERSONA] of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in the version amended and updated by [OSCURATO:PERSONA] (EC) No 118/97 of 2 December 1996, as amended by [OSCURATO:PERSONA] (EC) No 592/2008 of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 17 June 2008, a benefit such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of Book VI of the [OSCURATO:PERSONA] ([OSCURATO:PERSONA], [OSCURATO:PERSONA]), which is granted, in the event of death, to the former spouse of the deceased for the purposes of bringing up the children of that former spouse, cannot be treated in the same way as ‘pensions for old age, invalidity or an accident at work or occupational disease’ within the meaning of Article 77 of [OSCURATO:PERSONA] (EEC) No 1408/71.

2. On a proper construction of Article 67 of [OSCURATO:PERSONA] (EC) No 883/2004 of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 29 April 2004 on the coordination of social security systems, a benefit such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of Book VI of the [OSCURATO:PERSONA] is covered by the concept of ‘pension’ within the meaning of Article

67. [Signatures] ( *1 ) Language of the case: [OSCURATO:PERSONA].

Anonimizzato ex art. 52 D.Lgs. 196/2003
62013CJ0032 [OSCURATO:PERSONA] ([OSCURATO:PERSONA]) 27 February 2014 ( *1 ) ‛[OSCURATO:PERSONA] security — [OSCURATO:PERSONA] (EEC) No 1408/71 — [OSCURATO:PERSONA] allowances — [OSCURATO:PERSONA] 77 and 78 — Benefits for dependent children of pensioners and for orphans — [OSCURATO:PERSONA] (EC) No 883/2004 — [OSCURATO:PERSONA] benefits — Article 67 — [OSCURATO:PERSONA] members residing in another [OSCURATO:PERSONA] — Concept of ‘pension’ — Recipient of a pension granted, pursuant to [OSCURATO:PERSONA] legislation, for bringing up children following the death of the person from whom that recipient was divorced (‘Erziehungsrente’)’ [OSCURATO:PERSONA] C‑32/13, REQUEST for a preliminary ruling under Article 267 TFEU from the [OSCURATO:PERSONA] (Germany), made by decision of 28 December 2012, received at the [OSCURATO:PERSONA] on 22 January 2013, in the proceedings [OSCURATO:PERSONA] v [OSCURATO:PERSONA], [OSCURATO:PERSONA] ([OSCURATO:PERSONA]), composed of M. Ilešič, President of the [OSCURATO:PERSONA], C.G. Fernlund, A. Ó Caoimh (Rapporteur), C. Toader and E. Jarašiūnas, [OSCURATO:PERSONA], [OSCURATO:PERSONA]: P. Mengozzi, Registrar: A. [OSCURATO:PERSONA], having regard to the written procedure, after considering the observations submitted on behalf of: — the [OSCURATO:PERSONA], by T. Henze and J. Möller, acting as Agents, — the [OSCURATO:PERSONA], by V. Kreuschitz, acting as Agent, having decided, after hearing the [OSCURATO:PERSONA], to proceed to judgment without an Opinion, gives the following [OSCURATO:PERSONA] 1 This request for a preliminary ruling concerns the interpretation of [OSCURATO:PERSONA] 77 and 78 of [OSCURATO:PERSONA] (EEC) No 1408/71 of the [OSCURATO:PERSONA] of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in the version amended and updated by [OSCURATO:PERSONA] (EC) No 118/97 of 2 December 1996 ( OJ 1997 L 28, p. 1 , as amended by [OSCURATO:PERSONA] (EC) No 592/2008 of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 17 June 2008 ( OJ 2008 L 177, p. 1 ; ‘[OSCURATO:PERSONA] 1408/71’), and of Article 67 of [OSCURATO:PERSONA] (EC) No 883/2004 of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 29 April 2004 on the coordination of social security systems ( OJ 2004 L 166, p. 1 , and corrigendum OJ 2004 L 200, p. 1 ), as amended by [OSCURATO:PERSONA] (EC) No 988/2009 of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 16 September 2009 ( OJ 2009 L 284, p. 43 ; ‘[OSCURATO:PERSONA] 883/2004’). 2 The request has been made in proceedings between [OSCURATO:PERSONA] and the [OSCURATO:PERSONA] ([OSCURATO:PERSONA], [OSCURATO:PERSONA], ‘the [OSCURATO:PERSONA]’) concerning the latter’s refusal to pay her child allowances. Legal context [OSCURATO:PERSONA] law [OSCURATO:PERSONA] 1408/71 3 Article 1(u) of [OSCURATO:PERSONA] 1408/71 provides that, for the purposes of its application: ‘(i) the term family benefits means all benefits in kind or in cash intended to meet family expenses under the legislation provided for in Article 4 (1) (h), excluding the special childbirth or adoption allowances referred to in Annex II; (ii) family allowances means periodical cash benefits granted exclusively by reference to the number and, where appropriate, the age of members of the family’. 4 In the words of Article 4(1)(h) of that regulation, the regulation is to apply to ‘all legislation concerning the following branches of social security … family benefits’. 5 [OSCURATO:PERSONA] III of that regulation, entitled ’Special provisions relating to the various categories of benefits’, Chapter 3, which contains [OSCURATO:PERSONA] 44 to 51a, is entitled ‘Old age and death (pensions)’, and Chapter 8, which includes Article 77 to 79a, is entitled ‘Benefits for dependent children of pensioners and for orphans’. 6 Article 77 of [OSCURATO:PERSONA] 1408/71, entitled ‘Dependent children of pensioners’, provides: ‘1.   The term “benefits”, for the purposes of this Article, shall mean family allowances for persons receiving pensions for old age, invalidity or an accident at work or occupational disease, and increases or supplements to such pensions in respect of the children of such pensioners, with the exception of supplements granted under insurance schemes for accidents at work and occupational diseases. 2.   Benefits shall be granted in accordance with the following rules, irrespective of the [OSCURATO:PERSONA] in whose territory the pensioner or the children are residing: (a) to a pensioner who draws a pension under the legislation of one [OSCURATO:PERSONA] only, in accordance with the legislation of the [OSCURATO:PERSONA] responsible for the pension; ...’ 7 Article 78 of that regulation, entitled ‘Orphans’, is worded as follows: ‘1.   The term “benefits”, for the purposes of this Article, means family allowances and, where appropriate, supplementary or special allowances for orphans … 2.   Orphans’ benefits shall be granted in accordance with the following rules, irrespective of the [OSCURATO:PERSONA] in whose territory the orphan or the natural or legal person actually maintaining him is resident: (a) for the orphan of a deceased employed or self-employed person who was subject to the legislation of one [OSCURATO:PERSONA] only in accordance with the legislation of that [OSCURATO:PERSONA]; (b) for the orphan of a deceased employed or self-employed person who was subject to the legislation of several [OSCURATO:PERSONA]: ...’ 8 The first subparagraph of Article 79(1) of [OSCURATO:PERSONA] 1408/71, entitled ‘Provisions common to benefits for dependent children of pensioners and for orphans’, provides: ‘Benefits, within the meaning of [OSCURATO:PERSONA] 77 and 78, shall be provided in accordance with the legislation determined by applying the provisions of those [OSCURATO:PERSONA] by the institution responsible for administering such legislation and at its expense as if the pensioner or the deceased had been subject only to the legislation of the competent [OSCURATO:PERSONA].’ [OSCURATO:PERSONA] 883/2004 9 [OSCURATO:PERSONA] 1408/71 was replaced by [OSCURATO:PERSONA] 883/2004, which, in accordance with Article 91 thereof and with Article 97 of [OSCURATO:PERSONA] (EC) No 987/2009 of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 16 September 2009 laying down the procedure for implementing [OSCURATO:PERSONA] (EC) No 883/2004 on the coordination of social security systems ( OJ 2009 L 284, p. 1 ), became applicable on 1 May 2010, the date from which [OSCURATO:PERSONA] 1408/71 was repealed. 10 Recital 34 in the preamble to [OSCURATO:PERSONA] 883/2004 states: ‘Since family benefits have a very broad scope, affording protection in situations which could be described as classic as well as in others which are specific in nature … it is necessary to regulate all such benefits.’ 11 Article 1 of [OSCURATO:PERSONA] 883/2004 provides: ‘For the purposes of this [OSCURATO:PERSONA], ... (w) “pension” covers not only pensions but also lump-sum benefits which can be substituted for them and payments in the form of reimbursement of contributions and, subject to the provisions of [OSCURATO:PERSONA] III, revaluation increases or supplementary allowances; ... (z) “family benefit” means all benefits in kind or in cash intended to meet family expenses, excluding advances of maintenance payments and special childbirth and adoption allowances mentioned in Annex I.’ 12 Article 67 of that regulation reads as follows: ‘A person shall be entitled to family benefits in accordance with the legislation of the competent [OSCURATO:PERSONA], including for his family members residing in another [OSCURATO:PERSONA], as if they were residing in the former [OSCURATO:PERSONA]. However, a pensioner shall be entitled to family benefits in accordance with the legislation of the [OSCURATO:PERSONA] competent for his pension.’ [OSCURATO:PERSONA] law 13 Entitlement to child allowance is based on the [OSCURATO:PERSONA] on child allowance (Bundeskindergeldgesetz). 14 [OSCURATO:PERSONA] on income tax (Einkommensteuergesetz) makes receipt of child allowance conditional on the beneficiary’s being fully liable to tax in Germany and therefore, according to the referring court, conditional on the beneficiary’s having his residence in that [OSCURATO:PERSONA]. 15 [OSCURATO:PERSONA] 47(1) of Book VI of the [OSCURATO:PERSONA] ([OSCURATO:PERSONA], [OSCURATO:PERSONA], ‘the [OSCURATO:PERSONA]’), insured persons are entitled to a pension for bringing up children until they reach normal retirement age if: — their marriage was dissolved after 30 June 1977 and the person from whom they were divorced (‘the former spouse’) has died; — they are bringing up their own child or a child of the deceased former spouse (age limit: 18 years); — they have not remarried; and — on the date of the ex-spouse’s death, they have completed the normal qualifying period. 16 The referring court states that, pursuant to [OSCURATO:PERSONA] law, the pension for bringing up children is in the nature of a survivor’s pension (pension on account of death). The case in the main proceedings and the questions referred for a preliminary ruling 17 [OSCURATO:PERSONA], a [OSCURATO:PERSONA] national born on 24 February 1963, receives, following the death on 4 December 1991 of her former spouse with whom she had a child, Diana, a pension for bringing up children under [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA]. 18 Since 1 September 2008 [OSCURATO:PERSONA] has lived in Sweden with her two other children, Laura and Chris, and their father, without being married to him. 19 According to the referring court, even though Diana has reached the age of 18, [OSCURATO:PERSONA] is entitled, under [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA], to a pension for bringing up children in respect of Laura and Chris, born on 24 March 1995 and 15 November 1997, respectively. 20 It is apparent from the file before the [OSCURATO:PERSONA] that the Swedish authorities, taking account in particular of [OSCURATO:PERSONA] receipt of that pension provided for by the [OSCURATO:PERSONA], have rejected her application for the grant of the family allowances provided for by the Swedish legislation. 21 According to the order for reference, it is furthermore established between the parties to the main proceedings that since 1 September 2008 [OSCURATO:PERSONA] has no longer been entitled to child allowance in accordance with the Law on income tax. By decision of 11 January 2010, the [OSCURATO:PERSONA], [OSCURATO:PERSONA] (Germany) rejected [OSCURATO:PERSONA] application for the grant of that allowance because she was not resident, and subject to income tax, in Germany. That decision has become final. 22 By decision of 7 September 2010, the [OSCURATO:PERSONA] confirmed the rejection, of 22 February 2010, of [OSCURATO:PERSONA] application for the grant of child allowance for her children Laura and Chris as from the date she moved to Sweden. That decision was based on the facts that, first, [OSCURATO:PERSONA] was not in receipt of any pension of the type of those referred to in Article 77 of [OSCURATO:PERSONA] 1408/71 and, second, that Article 78 of that regulation does not confer entitlement to that allowance on the children concerned, because they are not the children of [OSCURATO:PERSONA] deceased former spouse. 23 It is against that decision that the action in the main proceedings is brought. According to the referring court, the subject-matter of the case before it is entitlement to child allowance based on the Law on child allowance, read together with the rules on the coordination of social security systems at EU level. 24 In response to a question asked by that court, the [OSCURATO:PERSONA] took the view that [OSCURATO:PERSONA] was not entitled to child allowance under [OSCURATO:PERSONA] 883/2004, which replaced [OSCURATO:PERSONA] 1408/71 from 1 May 2010, either. 25 For the period from September 2008 to April 2010, the referring court indicates that it is inclined to follow the approach of the [OSCURATO:PERSONA]. In contrast, for the period as from 1 May 2010, that court finds that entitlement to family benefits on the basis of the [OSCURATO:PERSONA] legislation is substantiated on the basis of Article 67 of [OSCURATO:PERSONA] 883/2004. 26 In those circumstances, the [OSCURATO:PERSONA] decided to stay the proceedings and to refer the following questions to the [OSCURATO:PERSONA] of Justice for a preliminary ruling: ‘(1) [OSCURATO:PERSONA] 77 or 78 of [OSCURATO:PERSONA] … No 1408/71 be interpreted as meaning that receipt of a pension for bringing up children (“Erziehungsrente”) confers a right against the [OSCURATO:PERSONA] that pays the pension? (2) Has the situation changed since 1 May 2010 with the entry into force of [OSCURATO:PERSONA] … No 883/2004 and must Article 67 of that regulation be interpreted as meaning that any type of pension (including a [OSCURATO:PERSONA] pension for bringing up children) confers [that] right?’ Consideration of the questions referred The first question 27 It must be borne in mind that, under [OSCURATO:PERSONA] 77(2)(a) and 78(2)(a) of [OSCURATO:PERSONA] 1408/71, where persons receiving pensions for old age, invalidity or an accident at work or occupational disease were, or the deceased employed worker was, subject to the legislation of one [OSCURATO:PERSONA] only, family benefit is granted according to the legislation of that [OSCURATO:PERSONA]. [OSCURATO:PERSONA] the first subparagraph of Article 79(1) of that regulation, those benefits are to be provided in accordance with the legislation by the institution responsible for applying that legislation and at its expense. 28 According to the case-law, the ‘family allowances’ for which [OSCURATO:PERSONA] 77 and 78 of [OSCURATO:PERSONA] 1408/71 provide payment, are solely those benefits that match the definition in Article 1(u)(ii) of that regulation, to the exclusion of any other family benefit for dependent children (see, to that effect, [OSCURATO:PERSONA]225/10 [OSCURATO:PERSONA] and Others [2011] ECR I-10111 , paragraph 31 and the case-law cited). 29 In the present case, it is established that the child allowance provided for by the [OSCURATO:PERSONA] legislation meets that definition and that it is, therefore, capable of falling within the ambit of [OSCURATO:PERSONA] 77 and 78 of [OSCURATO:PERSONA] 1408/71 (see, to that effect, [OSCURATO:PERSONA] and Others , paragraph 33). 30 In that regard, it must, however, be borne in mind that, in accordance with its very wording, the first subparagraph of Article 78(2)(a) and (b) of [OSCURATO:PERSONA] 1408/71 governs only the right to benefits for the ‘orphan of a deceased employed person’ (see [OSCURATO:PERSONA] 1/88 Baldi [1989] ECR 667 , paragraph 15, and [OSCURATO:PERSONA]619/11 Dumont de Chassart [2013] ECR, paragraph 35). 31 It is apparent from the information provided to the [OSCURATO:PERSONA] that, although [OSCURATO:PERSONA] continues to be eligible for the pension for bringing up children provided for by the [OSCURATO:PERSONA] for her children Laura and Chris, they are not the children of the deceased. 32 It follows that such a pension does not fall within the ambit of Article 78 of [OSCURATO:PERSONA] 1408/71. 33 As for Article 77(1) of [OSCURATO:PERSONA] 1408/71, it is apparent from its very wording that that provision covers only persons receiving ‘pensions or annuities for old age, invalidity or an accident at work or occupational disease’. 34 In a case such as that in the main proceedings, it is therefore only where a benefit such as the pension for bringing up children provided for by the [OSCURATO:PERSONA] could, notwithstanding its wording, be treated in the same way as one of the categories of pensions listed in Article 77(1) that it would be for the [OSCURATO:PERSONA] authorities, as the authorities responsible for paying that pension, to grant [OSCURATO:PERSONA] the family allowances for her children Laura and Chris. 35 In those circumstances, it must be considered that by its first question, the referring court asks whether, on a proper construction of Article 77(1) of [OSCURATO:PERSONA] 1408/71, a benefit such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA], which is granted, in the event of death, to the former spouse of the deceased for the purposes of bringing up the children of that former spouse, may be treated in the same way as ‘pensions for old age, invalidity or an accident at work or occupational disease’ within the meaning of that provision of that regulation. 36 According to the case-law of the [OSCURATO:PERSONA], the classification of a benefit in the general scheme of [OSCURATO:PERSONA] 1408/71 is based essentially on the constituent elements of that benefit, in particular its purposes and the conditions on which it is granted, and not on the classification which is made by the national legislation (see, by analogy with the distinction between benefits excluded from the scope of [OSCURATO:PERSONA] 1408/71 and benefits which fall within it, inter alia, [OSCURATO:PERSONA] 9/78 Directeur régional de la Sécurité sociale de Nancy [1978] ECR 1661 , paragraph 12; [OSCURATO:PERSONA]160/96 Molenaar [1998] ECR I-843 , paragraph 19; and [OSCURATO:PERSONA] C‑177/12 Lachheb [2013] ECR, paragraph 28). 37 First of all it must be stated that, as is apparent from paragraph 15 of the present judgment, the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA] does not require an accident at work or occupational disease or physical, mental or psychological injury hindering the pursuit of a professional activity by the person entitled. 38 It is apparent from the file before the [OSCURATO:PERSONA], in particular from the observations of the [OSCURATO:PERSONA], that the pension for bringing up children, established on 1 July 1977, has its origins in the reform of the [OSCURATO:PERSONA] law on marriage and the family in the context of which, first, as regards divorce, the ‘principle of fault’ was replaced by the ‘principle of the failure of the marriage’ and, second, the right to maintenance after divorce was separated, in principle, from responsibility for the failure of the marriage. In the context of that reform, the pension for bringing up children is intended to fill any gaps as regards cover that could appear, to the detriment of the surviving former spouse, between the ‘compensatory splitting of pension rights’, the introduction of which caused the survivor’s pension hitherto granted to a surviving divorced spouse to lapse, and the maintenance of the divorced spouse. 39 As is apparent from paragraph 15 above, that pension for bringing up children presupposes the death of a former spouse. According to the explanations provided by the [OSCURATO:PERSONA], that pension is intended to compensate the right to receive a maintenance payment linked to responsibility for a dependent child, which ended with that death, and to prevent the surviving parent being constrained to work when that is not in the interests of the child. 40 It is also apparent from the information provided to the [OSCURATO:PERSONA] that, until 1991, entitlement to receive the pension for bringing up children was conferred only if the surviving spouse was responsible for bringing up a child who could claim an orphan’s pension. Since 1992, the class of persons able to claim the benefit of that pension has, however, been extended, so that entitlement to that pension because of the death of the former spouse could be conferred even when a child is the result, as in the case in the main proceedings, of a new relationship of the person entitled. 41 Furthermore, it is apparent from the explanations provided by the [OSCURATO:PERSONA] that entitlement to the pension for bringing up children is conferred irrespective of any condition that the person entitled should have reached a minimum age, and that the fact of reaching the normal retirement age laid down by the [OSCURATO:PERSONA] legislation extinguishes that entitlement, the latter then being replaced by the old age pension. 42 Taking account of the foregoing, it is to be considered that a benefit such as the pension for bringing up children laid down by the [OSCURATO:PERSONA] presents the characteristics of a pension paid in the event of death, such as a survivor’s pension, rather than those of one of the categories of pension specifically listed in Article 77(1) of [OSCURATO:PERSONA] 1408/71, namely, pensions or annuities ‘for old age, invalidity or an accident at work or occupational disease’. 43 It follows that a benefit, such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA], is not to be treated in the same way as one of the categories of pensions listed in Article 77(1). 44 The fact, noted by the referring court, that that pension for bringing up children contains essential elements of a pension acquired on the basis of an insured person’s own qualifying period as an employee under the [OSCURATO:PERSONA] social security scheme, does not call that conclusion into question (see, by analogy, [OSCURATO:PERSONA]43/99 Leclere and Deaconescu [2001] ECR I-4265 , paragraph 50). 45 In the light of the foregoing, the answer to the first question is that, on a proper construction of Article 77(1) of [OSCURATO:PERSONA] 1408/71, a benefit such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA], which is granted, in the event of death, to the former spouse of the deceased for the purposes of bringing up the children of that former spouse, cannot be treated in the same way as ‘pensions for old age, invalidity or an accident at work or occupational disease’ within the meaning of Article 77 of [OSCURATO:PERSONA] 1408/71. The second question 46 Having regard to the reply given to the first question, the second question must be understood as seeking to determine whether, on a proper construction of Article 67 of [OSCURATO:PERSONA] 883/2004, a benefit such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA] is covered by the concept of ‘pension’ within the meaning of Article 67. 47 In that regard, it must be noted that that last provision is included in Chapter 8, entitled ‘[OSCURATO:PERSONA] benefits’, of [OSCURATO:PERSONA] III to [OSCURATO:PERSONA] 883/2004. That chapter deals with the benefits listed previously in Chapters 7 and 8, [OSCURATO:PERSONA] III, of [OSCURATO:PERSONA] 1408/71. 48 On the basis of the new definition of the phrase ‘family benefits’, set out in Article 1(z) of [OSCURATO:PERSONA] 883/2004, the distinction drawn in the context of the application of [OSCURATO:PERSONA] 1408/71 between ‘family allowances’ and ‘family benefits’, recalled at paragraph 29 above, is not intended to apply to situations falling within the ambit of [OSCURATO:PERSONA] 883/2004, the latter seeking, in accordance with recital 34 thereof, to regulate all such family benefits since they have a very broad scope. 49 As is apparent from its very title, Article 67 of [OSCURATO:PERSONA] 883/2004 concerns the payment of family benefits, in particular in the case of ‘family members residing in another [OSCURATO:PERSONA]’. The last sentence of that article contains a special rule under which, in such a case, ‘a pensioner shall be entitled to family benefits in accordance with the legislation of the [OSCURATO:PERSONA] competent for his pension’. 50 It must be observed that the application of that provision, unlike that of Article 77(1) of [OSCURATO:PERSONA] 1408/71, is not limited to persons receiving certain categories of pensions or annuities. 51 The definition of the word ‘pension’, set out in Article 1(w) of [OSCURATO:PERSONA] 883/2004 includes, besides pensions linked to the previous pursuit of a salaried or non-salaried occupation, such as those that were referred to in Article 77(1) of [OSCURATO:PERSONA] 1408/71, pensions paid in the event of death, like the pension for bringing up children provided for in the [OSCURATO:PERSONA]. 52 It follows that a situation such as that of [OSCURATO:PERSONA], who receives a pension for bringing up children, falls within the ambit of Article 67 of [OSCURATO:PERSONA] 883/2004. 53 In the light of the foregoing, the answer to the second question is that, on a proper construction of Article 67 of [OSCURATO:PERSONA] 883/2004, a benefit such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of the [OSCURATO:PERSONA] is covered by the concept of ‘pension’ within the meaning of Article 67. Costs 54 Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the [OSCURATO:PERSONA], other than the costs of those parties, are not recoverable. On those grounds, the [OSCURATO:PERSONA] ([OSCURATO:PERSONA]) hereby rules: 1. On a proper construction of Article 77(1) of [OSCURATO:PERSONA] (EEC) No 1408/71 of the [OSCURATO:PERSONA] of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in the version amended and updated by [OSCURATO:PERSONA] (EC) No 118/97 of 2 December 1996, as amended by [OSCURATO:PERSONA] (EC) No 592/2008 of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 17 June 2008, a benefit such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of Book VI of the [OSCURATO:PERSONA] ([OSCURATO:PERSONA], [OSCURATO:PERSONA]), which is granted, in the event of death, to the former spouse of the deceased for the purposes of bringing up the children of that former spouse, cannot be treated in the same way as ‘pensions for old age, invalidity or an accident at work or occupational disease’ within the meaning of Article 77 of [OSCURATO:PERSONA] (EEC) No 1408/71. 2. On a proper construction of Article 67 of [OSCURATO:PERSONA] (EC) No 883/2004 of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 29 April 2004 on the coordination of social security systems, a benefit such as the pension for bringing up children provided for in [OSCURATO:PERSONA] 47(1) of Book VI of the [OSCURATO:PERSONA] is covered by the concept of ‘pension’ within the meaning of Article 67. [Signatures] ( *1 ) Language of the case: [OSCURATO:PERSONA].
Sentenza Corte di giustizia UE n. 883/2014 — Fons Iuris — Fons Iuris