Judgment_paragraph 15 · Mario Doriguzzi-Zordanin and Marzio Doriguzzi-Zordanin v Landesversicherungsanstalt Schwaben (C-188/90)

15It follows from that case-law that an orphaned child of a migrant worker cannot be deprived of an entitlement to higher benefits available to him under the legislation of a Member State other than that in which he resides. However, he cannot be allowed rights greater than those he would be able to claim under the legislation of that other Member State if he were resident there. Such a result can be brought about only if the institution of the latter Member State can set off against the benefits it must provide all the benefits paid in the Member State of residence for the maintenance of the orphan, regardless of their nature or designation.

Mario Doriguzzi-Zordanin and Marzio Doriguzzi-Zordanin v Landesversicherungsanstalt Schwaben (C-188/90)

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