Facts
[A.], a French national born in Geneva in 1982, has suffered from epilepsy since childhood and presents with pervasive developmental disorders and borderline intelligence. Unable to engage in gainful employment, she has lived at the Institute X. in Switzerland since October 23, 2000 and is affiliated as a person without gainful employment with the Vaud Cantonal Compensation Fund. Her parents, domiciled in France, have been working in Switzerland for many years.
On January 7, 2004, [A.] submitted a claim for benefits from the disability insurance seeking a pension. The Disability Insurance Office for the Canton of Vaud denied the applicant the right to an extraordinary disability pension on the grounds that she was not domiciled in Switzerland. [A.] contested this refusal, but the Disability Insurance Office maintained its decision.
Ruling on the appeal filed by [A.], the Insurance Court of the Canton of Vaud dismissed it. [A.] then filed a public law appeal against this judgment.
Considerations
The Federal Tribunal first examined whether [A.] was domiciled in Switzerland within the meaning of Articles 23 et seq. of the Swiss Civil Code. It considered that the conditions for establishing domicile in Switzerland were met, in particular on the basis of the fact that [A.] had been affiliated with the Swiss Old Age and Survivors' Insurance/Disability Insurance (AVS/AI) as a person without gainful employment domiciled in Switzerland.
The Federal Tribunal then analyzed A.'s entitlement to an extraordinary disability pension in light of Regulation (EEC) No. 1408/71 on the coordination of…