La Sentencia del Tribunal de Justicia de la Unión Europea de 2 de abril de 2020 relativa al concepto de “miembros de la familia” y su relación con la libre circulación de trabajadores (asunto C-802/18)

Resum

A request for a preliminary ruling regarding the interpretation of article 1 letter i) of Regulation 883/2004 (EC) of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, in relation to the provisions of Luxembourg national legislation and the right of free movement, recognized in article 45, Treaty on the Functioning of the European Union (TFEU), in connection with the article 7.2 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union Text with EEA relevance, regarding the free movement of workers within the Union and with article 2.2 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. Does the right to free movement of workers violate the precept of the Luxembourg Social Security Code that only grants the frontier worker a family benefit, linked to the exercise of his activity as an employee in that State, by the son with whom he is connected by filial bond, denying it by the son of his wife integrated in the family unit and with respect to the one who assumes this support, being that all the minors resident in Luxembourg do have the right to receive benefit? The Court of Justice of the European Union (CJEU) concludes by declaring the obligation of every Member State to respect Union law and, in particular, the provisions regarding the free movement of workers, which are opposed to a national provision such as the one referred to above