On Thursday, the European Court of Justice (ECJ) in Luxembourg ruled that authorities cannot reject an application for care leave benefits across the board just because the family member being cared for does not receive care benefits in the country and lives abroad. The state must ‘objectively justify such a restriction by a legitimate purpose’.
This objective must also serve “in particular to maintain the financial balance of the national social security system” and “be a proportionate measure to achieve this objective,” the Luxembourg judges wrote in their ruling.
The starting point is the case of an Italian who lived and worked in Austria for more than ten years. In 2022, he agreed with his employer to take one and a half months of care leave to care for his father, who lives in Italy. If he had lived in Austria, he would have been entitled to healthcare allowance level 3 due to his health condition.
Application rejected, man turned to the Court of Justice
A little later, the Ministry of Social Affairs rejected the son’s application for a nursing allowance on the grounds that the father had not received a nursing allowance in Austria. The son defended himself before the Federal Constitutional Court, which in turn turned to the Court of Justice to clarify the EU’s legal situation.
The plaintiff has argued, among other things, that non-Austrians are much more likely to find themselves in a situation where their parents live abroad and that the reasoning therefore involves discrimination against non-Austrian Union citizens. The ECJ confirmed this position, but pointed out that discrimination is permitted under EU law in some cases.
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
