(Judgment) Articles 77(2)(b)(i) and 78(2)(b)(i) of Regulation No 1408/71, as amended and updated by Regulation No 2001/83, must be interpreted as meaning that the competent institution of a Member State is not bound to grant supplementary family benefits to pensioners or orphans residing in another Member State where the amount of the family benefits paid by the Member State of residence is lower than that of the benefits provided for by the laws of the first Member State if entitlement to the pension, or to the orphan’s pension, has been acquired not solely by virtue of insurance periods completed in that State but by virtue of the application of the aggregation rules provided for by the regulation.
Entitlement to supplementary family benefits over and above the benefits paid by the State of residence presupposes entitlement to a pension, or to an orphan’s pension, acquired solely under the legislation of a Member State other than the State of residence. Where the entitlement of the pensioner or orphan exists only by virtue of the application of the aggregation rules provided for by the regulation, the application of Articles 77 and 78, which provide for benefits to be granted in accordance with the laws of the State of residence, does not deprive the persons concerned of the benefits granted solely under the legislation of another Member State.
Citations:
C-59/95, [1997] EUECJ C-59/95
Links:
Jurisdiction:
European
Benefits
Updated: 03 June 2022; Ref: scu.161528