Claim of an Indian national to a disability pension from the Swiss Disability Insurance as the spouse of a Swiss citizen residing in Germany

Facts

The Indian national [A.], born on 27 April 1959, worked in Switzerland until her incapacity for work in 2009, most recently part-time as a housekeeper/cleaner. Since February 2002, she has been married to a Swiss citizen who lives in Germany and works there as a self-employed pianist and music teacher. On 12 February 2010, [A.] applied to the Federal Disability Insurance for benefits. However, the IV Office for Insured Persons Abroad (IVSTA) rejected the pension claim, as [A.] did not have a residence in Switzerland. The Federal Administrative Court confirmed this rejection. [A.] appealed to the Federal Supreme Court in public law matters.

Considerations

The Federal Supreme Court first notes that [A.], as the spouse of a Swiss citizen residing in Germany who is self-employed within the EU area, is to be classified as a family member within the meaning of Regulation (EEC) No 1408/71 or Regulation (EC) No 883/2004. According to the case law of the Federal Supreme Court, family members can directly invoke the principle of equal treatment and are entitled to benefits under the same conditions as nationals of the country concerned, insofar as the benefits are not exclusively owed to the employee. As the disability…