The European Commission sends Greece to the Court of Justice for discriminatory rules regarding family benefits
Brussels, November 21, 2025 - The European Commission has decided to refer Greece to the Court of Justice of the European Union for non-compliance with European legislation regarding the coordination of social security and the free movement of workers. In its current form, Greek legislation establishes different conditions for access to family benefits for EU citizens and for non-EU citizens who are nonetheless covered by EU rules on social security coordination.
According to the Commission, EU citizens living in Greece can only apply for family benefits if they have lived for at least five years together with their children. For non-EU citizens covered by European legislation – for example, workers who have moved to Greece from another member state – the legislation imposes a minimum residency period of 12 years. The European executive considers that these requirements are discriminatory and directly contravene Regulation (EC) No. 883/2004 on the coordination of social security systems, which prohibits any residency condition for the granting of social benefits.
The infringement procedure was initiated in November 2023, when the Commission sent Greece a letter of formal notice. In July 2024, Greece received a reasoned opinion; however, the Greek authorities did not amend national legislation to bring it into compliance with EU law. In the absence of necessary measures, the case is now being referred to the Court of Justice.
European rules on the coordination of social security guarantee that EU citizens working in another member state retain their rights to pensions, health insurance, family allowances, and other benefits. In parallel, legislation on the free movement of workers provides equal access to social and tax advantages, without discrimination based on nationality. The Commission warns that applying different criteria violates these fundamental principles of the Single Market.
The Court of Justice's decision may compel Greece to amend its legislation and, in the event of subsequent non-compliance, to pay financial penalties. The Commission notes that referring the case to the court represents the final stage in the mechanism for ensuring compliance with EU law.
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