Summary

The concept of ‘claim’ in Article 81 of Regulation No 883/2004 refers only to an application made by a person who has exercised his or her right to freedom of movement to the authorities of a Member State which is not competent under the conflict rules laid down by that regulation and EU law, in particular the principle of effectiveness, does not preclude the application of national legislation which makes the retroactive effect of an application for child benefit subject to a limitation period of 12 months.

Question/Questions

1. Must Article 81 of Regulation No 883/2004 be interpreted as meaning that the concept of ‘claim’ within the meaning of that article refers only to an initial application made under the legislation of a Member State by a person who has subsequently exercised his or her right to freedom of movement, or whether it also covers an ‘ongoing’ application, occurring at the time of the periodic payment, by the competent authorities of that Member State, of a benefit normally payable at the time of the payment of that benefit by another Member state?
2. Does EU law, and in particular the principle of effectiveness, precludes the application of national legislation which makes the retroactive effect of an application for child benefit subject to a limitation period of 12 months?

Ruling

1. The concept of ‘claim’ in Article 81 of Regulation No 883/2004 refers only to an application made by a person who has exercised his or her right to freedom of movement to the authorities of a Member State which is not competent under the conflict rules laid down by that regulation. Therefore, that concept does not include either the initial application made under the legislation of a Member State by a person who has not yet exercised his or her right to freedom of movement or the periodic payment, by the authorities of that Member State, of a benefit normally payable, at the time of that payment, by another Member State.
2. EU law, and in particular the principle of effectiveness, does not preclude the application of national legislation which makes the retroactive effect of an application for child benefit subject to a limitation period of 12 months, since that period does not render practically impossible or excessively difficult the exercise by the migrant workers concerned of the rights conferred by Regulation No 883/2004.