38Although the Court had ruled, before paragraph 2 was added to Article 76 of Regulation No 1408/71 by Council Regulation (EEC) No 3427/89 of 30 October 1989 (OJ 1989 L 331, p. 1), that there is no suspension of the entitlement to family benefits payable in the country of employment of one of the parents when the other parent resides with the children in another Member State and pursues there a professional or trade activity but does not receive family benefits for the children on the ground that not all the conditions laid down in the legislation of that Member State for the actual receipt of such benefits, including the condition that they must first be applied for, are satisfied (judgments in Salzano, EU:C:1984:343, paragraph 11; Ferraioli, EU:C:1986:168, paragraph 15, and Kracht, EU:C:1990:279, paragraph 11), the effect of that amendment to Article 76 of Regulation No 1408/71 is to allow suspension of entitlement to the family benefits provided under Article 76(1) of that regulation, even when an application has not been made for benefits in the Member State of residence.
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