An Italian citizen residing in Luxembourg applied for family benefits in Luxembourg. The Children’s Future Fund, Luxembourg; “the CAE” (Caisse pour l’avenir des enfants) had sent a request to the Italian authority competent for the granting of family benefits in order to receive a certificate guaranteeing that she was not affiliated in Italy. The citizen finally turned to SOLVIT because the Italian authority did not reply to the requests for several months.
SOLVIT Luxembourg concluded that this inaction by the Italian authority was contrary to Regulation (EC) No 883/2004 on the coordination of social security systems, which provides for cooperation between the competent institutions of the Member States and requires them, in accordance with the principle of good administration, to respond to any request within a reasonable time.
At the request of SOLVIT Luxembourg, SOLVIT Italy intervened with the competent Italian authority, which sent the necessary documents to the “CAE”. The family allowances could then be paid to the applicant.