Judgment of the Court (Second Chamber) of 14 October 2010.
41 With respect to family benefits, Article 73 of Regulation No
1408/71 provides that a worker subject to the legislation of
a Member State shall be entitled, in respect of the members of his family who are residing in another Member State, to the
family benefits provided for by the legislation of the former State, as if they were residing in that State (see Case
C-153/03
Weide [2005] ECR I-6017, paragraph 20, and
Bosmann, paragraph 17). That provision is designed to make it easier for migrant workers to draw family allowances in the State where
they are employed, in cases where their family has not moved with them (see Case
C‑117/89 Kracht [1990] ECR I‑2781, paragraph 15) and in particular to prevent a Member State from being able to make the grant or the amount
of family benefits dependent on members of the worker’s family being resident in the Member State paying the benefit (see
to that effect, in particular, Case
C-543/03 Dodl and Oberhollenzer [2005] ECR I‑5049, paragraph 46, and case-law cited).