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France / Court of Cassation, Second Civil Chamber / 12-22507

Mr. X. and Mrs Y. v the State

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
France / Court of Cassation, Second Civil Chamber
Decision date:

Key facts of the case:

Policy area concerned – foreigners/family law Facts of the case: Angola nationals entered France seeking asylum and asked for family allowances for their two children: a son born in Angola and a son born in France. The Family Allowances Fund refused to pay an allowance for a child born in Angola without justification with respect to observation of the special family reunification procedure (a condition under articles L.512-2 and D.512-2 of the Code of Social Security). The Court of Appeal annulled this decision arguing that this refusal breaches the right to family life, forcing the child to leave the French territory. The Court of cassation confirmed the Family Allowances Fund decision. Legal questions raised: is the refusal of family allowances a breach of the right to family life of a foreign child residing in France with their parents?