Exclusion of benefits from the Swiss Disability Insurance for children of cross-border workers employed in Switzerland

Facts

A. has lived with her parents in Germany since birth. Her mother, [B.], is Swiss and works in Switzerland; her father, [C.], is a German national. In the spring of 2008, the parents registered their daughter with the Swiss Disability Insurance (IV) to receive benefits, indicating a mosaic trisomy 9 as the disability. The IV Office for Insured Persons Abroad (IVSTA) rejected the request for medical measures to treat the mosaic trisomy 9.

[B.] and [C.], as the legal representatives of their daughter, filed a complaint against the decisions of the IVSTA. The Federal Administrative Court annulled the decisions and referred the matter back to the IVSTA for further clarification.

The IVSTA has filed an appeal in public law matters against the decisions of the Federal Administrative Court.

Considerations

The Federal Court must examine whether the exclusion of benefits from the Swiss Disability Insurance under Art. 9 para. 2 IVG and former Art. 22quater para. 2 IVV for children living in an EU member state and whose parents are employed in Switzerland violates the principle of equal treatment under Art. 3 para. 1 of Regulation (EEC) No. 1408/71.