Overview of recent cases before the Court of Justice of the European Union (March –September 2022)
| Author | Pauline Melin,Susanne Sivonen |
| DOI | http://doi.org/10.1177/13882627221139501 |
| Published date | 01 December 2022 |
| Date | 01 December 2022 |
| Subject Matter | Case Reports |
Overview of recent cases
before the Court of Justice of
the European Union (March –
September 2022)
Pauline Melin
Maastricht University, Maastricht, Netherlands
Susanne Sivonen
Maastricht University, Maastricht, Netherlands
Abstract
In this case note, nine judgments of the Court will be discussed. The first two judgments discussed
concern the principle of equal treatment in relation to family benefits (S v Familienkasse and
Commission v Austria). Additionally, both the first and third judgments reported relate to the inter-
pretation of the Citizenship Directive (Directive 2004/38) (S v Familienkasse and VI). The other
judgments on social security deal with the calculation of old-age pension (CC) and the legislation
applicable for flight and cabin crew (INAIL and INPS) under Regulation 883/2004. The four remain-
ing judgments are cases of discrimination on grounds of sex in the context of pensions (KM v INSS
and EB v BVAEB), on grounds of age (A v HK Danmark and HK/Privat) and between temporary
agency workers and ‘regular’workers (Luso Temp).
Keywords
equal treatment, citizenship Directive, family benefits, pension rights, applicable legislation,
temporary agency work
In this case note, nine judgments of the Court will be discussed. The first two judgments discussed
concern the principle of equal treatment in relation to family benefits (S v Familienkasse and
Commission v Austria). In S v Familienkasse (C-411/20), the Grand Chamber of the Court dealt
with the aftermath of its Dano case law in Germany and ruled that economically inactive EU citi-
zens must benefit from equal treatment with regard to access to family benefits during their first
Corresponding author:
Pauline Melin, Maastricht University, Bouillonstraat 1-3, 6211 LH, Maastricht, Netherlands.
Email: pauline.melin@outlook.com
Case Report
European Journal of Social Security
2022, Vol. 24(4) 361–375
© The Author(s) 2022
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/13882627221139501
journals.sagepub.com/home/ejs
To continue reading
Request your trial