SOCIAL POLICY : ECJ: PARENTAL LEAVE ALLOWANCE CONSTITUTES FAMILY BENEFIT.

• Position: European Union Court of Justice - Brief article

Allowances for parental leave as granted under Luxembourg's national rules constitute a family benefit under EU law, and can therefore be granted to Swiss residents who work for air transport companies in Luxembourg, according to an EU Court of Justice ruling (joined Cases C-216/12 and C-217/12) on the interpretation of the notion of family benefit under EU law and its application to foreign nationals.

The cases concerned Mrs Hliddal and Mr Bornard, who both live in Switzerland with their families while working for an air transport company in Luxembourg. They contested the refusal by Luxembourg's family benefit office (CNPF) to grant them parental leave - saying that they did not meet the conditions of the national work code. This provides that, in order to obtain parental leave (1,778.31 a month for full-time leave) the claimant must be domiciled and reside in a continual manner in Luxembourg, otherwise it is a matter for Community law. However...