This EU Rights in the Spotlight section features two ECJ judgments affecting access to family benefits by EU mobile citizens, freedom, security and justice.
Under EU law, it is not necessary that a person is employed in a Member State at time of claim in order to be entitled to family benefits in respect of his children living in another Member State.
On February 7th, the ECI ruled that a EU mobile citizen is entitled to family benefits in the host country without the conditionality of being employed or receiving cash benefits at the time of applying. These benefits are extended to the family members, even if they reside in a different Member State.
German coach travel border checks are illegal, do not comply with the Schengen Borders Code.
On December 13th, 2018, the ECI ruled that it is prohibited to require operators of cross-border services to carry out passport or residence permit checks at moment of boarding. This is because such controls are equivalent to border control checks, which don’t comply with the Schengen Borders Code.