Thoughts about indexing family benefits: Are authorities permitted to apply the Austrian indexation of family benefits? The primacy of EU law and the right/obligation to request a ruling from the Court of Justice of the European Union
| Author | Franz Marhold,Christoph Paul Ludvik |
| DOI | 10.1177/1388262720952634 |
| Published date | 01 September 2020 |
| Date | 01 September 2020 |
| Subject Matter | Articles |
Article
Thoughts about indexing
family benefits: Are
authorities permitted
to apply the Austrian
indexation of family
benefits? The primacy
of EU law and the
right/obligation to request
a ruling from the Court
of Justice of the European Union
Franz Marhold
Vienna University of Economics and Business, Head of the Institute for Austrian and European Labour Law and Social
Security Law, Vienna, Austria
Christoph Paul Ludvik
Herbst Kinsky attorneys at law, Vienna, Austria
Abstract
Austria amended legislation, adjusting family benefits such as the family allowance and the
deductible family allowance amount to the (lower) price level indices for consumer goods and
services (indexation) of the State of residence of the child. This case is not a unique case. In the
European Union, similar endeavours were envisaged in several Member States. The Austrian
legislation, however, is now being challenged before the CJEU. In the authors’ opinion, this
unsuitable cost-saving budget measure contradicts Union law. Consequently, the provisions
concerned must remain unapplied. After all, since the Austrian legislation is obviously incompatible
Corresponding authors:
Franz Marhold, University of Economics and Business and Head of the Department of Business, Employment and Social
Security Law, Wirtschaftsuniversitat Wien, Welthandelspl. 1, 1020 Wien, Austria.
E-mail: franz.marhold@wu.ac.at
Herbst Kinsky attorneys at law, Dr. Karl Lueger Platz 5, 1010 Vienna, Austria.
E-mail: christoph.ludvik@herbstkinsky.at
European Journal of Social Security
2020, Vol. 22(3) 273–286
ªThe Author(s) 2020
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DOI: 10.1177/1388262720952634
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