Overview of recent cases before the Court of Justice of the European Union (February 2020-June 2020)

Date01 September 2020
Published date01 September 2020
AuthorPauline Melin
DOI10.1177/1388262720947726
Subject MatterCase commentaries
Case Report
Overview of recent cases
before the Court of Justice
of the European Union
(February 2020-June 2020)
Pauline Melin
Maastricht University, Maastricht, the Netherlands
Abstract
In the reporting period (1 February - 30 June 2020), there were five noteworthy cases in the field of
social security. Two cases originated in French courts and concerned E 101 certificates. The Vueling
case concerned the conditions for disregarding fraudulent E 101 certificates. Bouygues travaux
publics dealt with the effects of E 101 certificates on obligations at the crossroads of social security
and labour law. In Pensionsversicherungsanstalt v CW, the issue concerned whether a Member State
of origin, Austria, must grant a rehabilitation allowance to a national no longer working or residing
there. Caisse d’assurance retraite et de la sant´
e au travail d’Alsace-Moselle v SJ related to the obligation
for the competent institution to take into account an allowance paid by another Member State for
raising a disabled child when calculating an insurance period for entitlement to an old-age pension.
Finally, Caisse pour l’avenir des enfants v FV was a case about access to family benefits by a frontier
worker for a child living in the same household but with whom there was no blood relationship.
Keywords
E 101 certificates, frontier workers, family members, sickness benefits, old-age pension
Conditions under which a court or tribunal of the host Member State
can disregard fraudulent E 101 certificates: Vueling
The Vueling case
1
allowed the Court of Justice to clarify the Altun ruling
2
relating to the conditions
under which the host Member State can ignore an E 101 certificate when that Member State
considers that the certificate has been obtained through fraud.
Corresponding author:
Pauline Melin, Maastricht University, Bouillonstraat 1-3, 6211 LH, Maastricht, 6200 MD, the Netherlands.
E-mail: pauline.melin@maastrichtuniversity.nl
1. Vueling Airlines, C-370/17 and 37/18, EU: C:2020:260.
2. Altun, C-359/16, EU: C:2018:63.
European Journal of Social Security
2020, Vol. 22(3) 327–332
ªThe Author(s) 2020
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/1388262720947726
journals.sagepub.com/home/ejs
EJSS
EJSS

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT