A long-standing disparity affecting blended families of cross-border workers may soon be resolved, following a pivotal opinion from the Advocate General of the European Court of Justice.
For nearly a decade, non-biological children in these households have been ineligible for Luxembourg’s child benefits – even when living full-time with the cross-border worker.
On 12 June 2025, the Advocate General issued a non-binding but influential opinion on a case referred by Luxembourg’s Court of Cassation. The central question: whether Luxembourg’s restrictive interpretation of “providing for a child’s upkeep” unlawfully excludes stepchildren of cross-border workers from benefits.
Georges Gondon, president of the “Frontaliers Luxembourg” association, called the development “a significant moment” for affected families. Currently, the Children’s Future Fund (CAE) denies most such claims.
In his opinion, the Advocate General recommends a straightforward approach to defining child benefit eligibility for cross-border workers’ stepchildren. The opinion argues that when a child resides in the same household as the worker, they should automatically qualify for benefits – regardless of biological ties.
The Advocate General’s non-binding recommendation clarifies that the term “providing for a child’s upkeep” should include stepchildren or registered partners’ children when they share a home with the cross-border worker. This interpretation establishes a presumption that the child indirectly benefits from the worker’s income, meaning eligibility should mirror that of biological children to ensure equal treatment under EU law.
While the CJEU’s final ruling is expected this autumn, the Frontaliers Luxembourg association is advising affected families to file benefit applications immediately. Taking this action now would secure future eligibility and ensure potential retroactive payments covering up to one year.
