Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/11/2024

Subject: According to the Court, EU Law precludes legislation of a Member State under which the grant of a care leave allowance is subject to the condition that the person in need of care be in receipt of a care allowance of a certain level pursuant to the legislation of that Member State, unless that condition is objectively justified by a legitimate aim relating, in particular, to maintaining the financial balance of the national social security scheme, and is a proportionate means of achieving that aim. Regulation No 883/2004 does not preclude national legislation or case-law that, first, makes the grant of a care leave allowance and that of a family hospice leave allowance subject to different conditions and, second, does not allow an application for care leave to be reclassified as an application for family hospice leave

Classification: Solidarity - Art. 34 Social security

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