Court of Justice of the EU decision on the status of step-children: another victory for ALEBA!

On 15th December 2016, the Court of Justice of the EU validated the advocate general’s conclusions of June 2016. This decision recognises the step-children of cross-border workers as being eligible regarding claims for social benefits from the Luxembourgish state (such as financial assistance for higher education). Thus, this will apply not only for a child whose direct parent is the worker concerned, but also the child of a spouse or civil partner of the said worker.

ALEBA is pleased with the CJEU’s decision because it is a victory for our members who were impacted by the Higher Education and Research Ministry’s decision. From the beginning, ALEBA criticised this unfairness and has defended the interests of its members in this matter, with the help of its lawyer Stéphanie Jacquet.

A glimmer of hope for step-families excluded from the new family benefits arrangements.

This legal decision will have a clear impact on other questions on which our lawyer is working hard to preserve our members’ rights. Thus, since the introduction of the family benefits reform on 1st August 2016, some of our cross-border members have been refused benefits for their step-children.

ALEBA thinks this is unacceptable, and has asked its lawyer to bring this matter to court. This question will be judged in the light of the 15th December CJEU decision, and should correct this unfairness. We will continue to follow this case closely.

Luxembourg, 16th December 2016