O’Flynn v Adjudication Officer: ECJ 23 May 1996

A condition on the making of a funeral grant that the deceased be buried in that country was unlawful. Article 7(2) of Regulation No 1612/68 on freedom of movement for workers within the Community precludes a rule of a Member State which makes grant of a payment to cover funeral expenses incurred by a migrant worker subject to the condition that burial or cremation take place within the territory of that Member State. Unless objectively justified and proportionate to the aim pursued, a provision of national law, even if applicable irrespective of nationality, must be regarded as indirectly discriminatory, and hence not complying with the equality of treatment prescribed by Article 7(2), if it is simply intrinsically liable to affect migrant workers more than national workers and if there is a consequent risk that it will place the former at a particular disadvantage. Firstly, as regards funeral expenses, although the costs he incurs will be of the same type as and of comparable amount to those incurred by a national worker, it is above all the migrant worker who may, on the death of a member of the family, arrange for burial in another Member State, in view of the links which the members of such a family generally maintain with their State of origin. Secondly, the refusal to grant the payment if the funeral takes place in another Member State cannot be justified by considerations of public health, or by considerations relating to the cost of funerals, since the cost of transporting the coffin to a place distant from the deceased’ s home is not covered in any event, or by the difficulty of checking the expenses incurred.


Times 07-Jun-1996, C-237/94, [1996] All ER (EC) 541, [1996] ECR I-2617, [1996] EUECJ C-237/94



Cited by:

AppliedSecretary of State for Work and Pensions v Carlos Bobezes CA 16-Feb-2005
The Regulations provided that income support was not payable for a dependent child for any period of four weeks or more where the child was outside Great Britain. The claimant, a Portuguese national had come to Great Britain but had been incapable . .
CitedCollins v Secretary of State for Work and Pensions CA 4-Apr-2006
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Benefits, European

Updated: 19 May 2022; Ref: scu.84430