On 19 December 2024, the Court of Justice of the European Union rendered its judgment in Case C-664/23. The latter case concerns an Armenian national holding a "private and family life" residence permit, who applied to the "Caisse des Allocations Familiales" (CAF) for family benefits in respect of his three children, two of whom, born outside France, had entered the territory unlawfully. In determining his rights, the CAF refused to take into account his two children born abroad, due to their irregular entry into France.

In this context, the Court of Justice was asked to consider whether Article 12(1)(e) of Directive 2011/98 must be interpreted as precluding legislation of a Member State under which, for the purposes of determining the entitlement to social security benefits of a third-country national holding a single permit, the children born in a third country who are dependent on him or her are taken into account only if they prove that they have entered the territory of that Member State lawfully.

The Court responded that it is contrary to EU law to subject the right to family benefits of third-country nationals legally residing in France to an additional requirement, consisting in the proof that the children in respect of whom the family benefits have been applied for have entered the French territory lawfully. The Court considers that imposing such a requirement provides third-country nationals with less favourable treatment than that enjoyed by nationals of the host Member State. It recalled that third-country nationals who have been admitted to a Member State for the purpose of working there lawfully must enjoy equal treatment with nationals of that Member State. 

For further information, please read the press release from the Court of Justice and? for more details, the judgment of the Court.