Cour de Cassation, Chambre sociale, du 26 octobre 1979, 77-15.801, Publié au bulletin
Presiding Judge | Pdt M. Laroque |
Case Outcome | Cassation |
Docket Number | 77-15801 |
Date | 26 octobre 1979 |
Citation | ID. Cour de Cassation (Chambre sociale ) 1979-03-08 Bulletin 1979 V N. 227 (1) p. 162 (CASSATION) ET LES ARRETS CITES. (1)<br/> |
Court | Chambre Sociale (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre sociale N. 808 |
VU LA LOI DES 16-24 AOUT 1790 ET LES ARTICLES L.190, L.191, L.192 ET L.519 DU CODE DE LA SECURITE SOCIALE;
ATTENDU QUE LA CAISSE D'ALLOCATIONS FAMILIALES DU DOUBS A REFUSE A MARAIN LE BENEFICE DE LA PREMIERE FRACTION DES ALLOCATIONS POSTNATALES POUR UN ENFANT NE AUX PAYS-BAS LE 19 NOVEMBRE 1975, AU MOTIF QUE CELUI-CI ET SA FAMILLE X... RESIDE DANS CE PAYS DE 1970 AU 14 MARS 1976, LES CONDITIONS DE L'ARTICLE L.519 DU CODE DE LA SECURITE SOCIALE N'ETAIENT PAS REUNIES; QUE LA COMMISSION DE RECOURS GRACIEUX, PAR DECISIONS DES 26 AVRIL ET 21 JUIN 1976, A DECIDE D'ACCORDER LA PRESTATION A TITRE EXCEPTIONNEL, EN RAISON DE LA COURTE DUREE DU SEJOUR A L'ETRANGER DE LA MERE ET DE L'ENFANT; QUE, LE 23 AOUT 1976, LE DIRECTEUR REGIONAL DE LA SECURITE SOCIALE A ANNULE LA DERNIERE DECISION; QUE, LE 7 SEPTEMBRE 1976, LA COMMISSION DE RECOURS GRACIEUX A REJETE LA REQUETE DE MARAIN; ATTENDU QUE, POUR DECLARER NULLE ET DE NUL EFFET LA DECISION DU 23 AOUT 1976 DU DIRECTEUR REGIONAL ET CONSTATER QUE LES DECISIONS DE LA COMMISSION DE RECOURS GRACIEUX DES 26 AVRIL ET 21 JUIN 1976 ETAIENT DEVENUES DEFINITIVES, LA COMMISSION DE PREMIERE INSTANCE A RELEVE QUE L'AUTORITE DE TUTELLE N'AVAIT PAS RESPECTE LES DELAIS...
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