Waldemar Hudzinski v Agentur für Arbeit Wesel — Familienkasse and Jaroslaw Wawrzyniak v Agentur für Arbeit Mönchengladbach — Familienkasse (C-611/10, C-612/10)

Judgment of 12 Jun 2012

law://eu/cjeu/2010/c-611-10/para_71@2026-11-13

71However, if, in a situation such as that at issue in the main proceedings, the legislation of a Member State which lacks competence provides for entitlement to a family benefit which confers additional social protection on the migrant worker by virtue of the fact that he was subject to unlimited income tax liability in that State or has been treated as such for the period in which he worked there, any rules against overlapping laid down by that legislation, such as those resulting from Paragraph 65 of the EStG, cannot be applied if the application thereof is found to be contrary to EU law.

Waldemar Hudzinski v Agentur für Arbeit Wesel — Familienkasse and Jaroslaw Wawrzyniak v Agentur für Arbeit Mönchengladbach — Familienkasse (C-611/10, C-612/10)

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