Handelspolitik

On taking account of child-raising periods in other Member States under the Reichel-Albert ruling of the Court of Justice of the European Union 

Petitioner
Petition is directed to
Petitionsausschuss des Europäischen Parlaments
0 Supporters 0 in European Union
Collection finished
  1. Launched August 2020
  2. Collection finished
  3. Prepare submission
  4. Dialog with recipient
  5. Decision

Dies ist eine Online-Petition of the European Parliament.

forwarding

The petitioner raises the question of taking into account child-raising periods in other Member States. Under Article 44 (2) and (3) of Regulation (EC) No 987/2009, it is incumbent on the Member State in which the person concerned was previously pursuing a gainful activity to take the child-raising period into account. In paragraph 32 of its Reichel-Albert judgment (C-522/10), the Court of Justice of the European Union (CJEU) held that the statutory provisions of the Member State to whose law the person concerned was subject at the time of birth remained applicable. In this case, it was not the Member State of residence of Ms Reichel-Albert. Consequently, the provisions of Title II of Regulation (EC) No 883/2004 regarding those not engaged in gainful activity were also expressly applicable.

The petitioner claims that in paragraph 73 of its judgment in Case C-388/09, the CJEU reiterated the principle of the right to a return on (monetary) contributions. This should therefore be extended to child-raising and other contributions in general. Responsibility should therefore be assumed by the Member State that benefits in principle from the child-raising activity. Special arrangements should also be applicable where no Member State has jurisdiction at the time of childbirth (or adoption).

Not yet a PRO argument.

No CONTRA argument yet.

Help us to strengthen citizen participation. We want your petition to get attention and stay independent.

Donate now

openPetition international