Today, the European Commission decided to refer Greece to the Court of Justice of the European Union for failing to bring its national legislation on family benefits in line with EU rules on social security coordination and free movement of workers.
Under Greek law, only EU nationals who have lived in Greece for at least five years with their children can claim family benefits. Non-EU nationals, even if covered by the EU social security coordination rules (for example, because they moved to Greece from another EU country), must reside in Greece for at least 12 years to be eligible. In the Commission's view, these requirements are discriminatory and in breach of EU law. EU rules on social security coordination explicitly prohibit any residence requirements for receiving social security benefits, including family allowances.
The Commission launched the infringement procedure in November 2023 by sending a letter of formal notice to the Greek authorities, followed by a reasoned opinion in July 2024 . As Greece has not taken the necessary measures to remedy the situation, the Commission has decided to refer the case to the Court of Justice.
Background
The EU rules on social security coordination ( Regulation (EC) 883/2004 ) ensure that EU citizens who move to another Member State to work there do not lose their social security rights, such as pensions, healthcare, family allowances and unemployment benefits. The EU legislation on the free movement of workers ( Regulation (EU) 492/2011 and Article 45 of the Treaty on the Functioning of the EU ) guarantee that EU citizens can work in any Member State without discrimination based on nationality and have equal access to employment, working conditions, and social and tax advantages.
