Judgment of the Court (Fifth Chamber) of 19 September 2013 (requests for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg (Luxembourg)) — Caisse nationale des prestations familiales v Fjola Hliddal (C-216/12), Pierre-Louis Bornand (C-217/12)

(Joined Cases C-216/12 and C-217/12) (1)

(Social security - Regulation (EEC) No 1408/71 - Agreement between the European Community and the Swiss Confederation - Swiss nationals residing in Switzerland and working in Luxembourg - Grant of a parental leave allowance - Concept of a ‘family benefit’)

2013/C 344/49

Language of the case: French

Referring court

Cour de cassation du Grand-Duché de Luxembourg

Parties to the main proceedings

Appellant: Caisse nationale des prestations familiales

Respondents: Fjola Hliddal (C-216/12), Pierre-Louis Bornand (C-217/12)

Re:

Requests for a preliminary ruling — Cour de cassation (Luxembourg) — Interpretation of Articles 1(u)(i) and 4(1)(h) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ 1971 L 149, p. 2) and of point 1 of Section A of Annex II to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, concluded on 21 June 1999 (OJ 2002 L 114, p. 6) — Concept of a ‘family benefit’ — Permissibility of national legislation providing for the grant of a parental leave allowance — Swiss national residing in Switzerland and working in Luxembourg.

Operative part of the judgment

Articles 1(u)(i) and 4(1)(h) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996 and as amended by Council Regulation (EC) No 1606/98 of 29 June 1998, must be interpreted as meaning that a parental leave allowance, such as the allowance provided for under Luxembourg legislation, constitutes a ‘family benefit’ within the meaning of that regulation.

(1)  OJ C 235, 4.8.2012.