C-212/05, Hartmann

• Context: This case involves Article 45 TFEU (Free Movement of Persons) and the right to residence.

1. Facts: 

◦ A German worker moved to France but retained their job in Germany. The case questioned whether the worker could be considered a migrant worker under EU law and whether their spouse could claim child-raising allowance.

2. Outcome:

◦ The ECJ ruled that the worker still had the status of a migrant worker despite not leaving their job in Germany.

◦ The spouse was entitled to claim the child-raising allowance, as it was deemed to "benefit the family as a whole.”

3. Impact and Analysis 

◦ Migrant Worker Status: The case reinforced that the status of a migrant worker is not contingent on the physical relocation of employment but on the worker’s cross-border movement and residence.

◦ Family Benefits: Benefits tied to family welfare, such as the child-raising allowance, are applicable even when the worker remains employed in another member state, as they serve the family unit.

◦ Family Benefits: Benefits tied to family welfare, such as the child-raising allowance, are applicable even when the worker remains employed in another member state, as they serve the family unit.