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Noémie Depesme and others v. Ministre de l'Enseignement supérieur et de la recherche, Cases C-401/15 and C-403/15, CJEU (Second Chamber), 15 September 2016

Type Judgment
Case number C-401/15, C-403/15


Exclusion of the child of the spouse from social benefits recognized by a Member State. Discrimination based on nationality

Normative references

Regulation (EU) n. 492/2011 of the European Parliament and of the Council of 5 April 2011
Regulation (EEC) n. 1612/68 of the Council of 15 October 1968
Art. 45 TFEU


The child of a frontier worker can (indirectly) benefit from social advantages, such as study funding granted by a Member State to the children of workers who carry out (or have exercised) their activity in that State. This advantage is due not only to the person who has a parentage relationship with the employee, but also to the child of the employee's spouse or registered partner. It follows that art. 10 of regulation no. 1612/68 must be interpreted as meaning that the status of "dependent family member" results from a de facto situation; this interpretation is imposed by the principle according to which the provisions establishing the free movement of workers must be interpreted broadly