Cour de Cassation, Chambre sociale, du 31 janvier 1983, 81-13.094, Publié au bulletin
Presiding Judge | Pdt M. Vellieux |
Case Outcome | Cassation |
Docket Number | 81-13094 |
Counsel | M. Bronchot |
Citation | CF. Cour de Cassation (Chambre sociale) 1979-10-26 Bulletin 1979 V N. 808 (2) P. 598 (CASSATION)<br/> |
Date | 31 janvier 1983 |
Court | Chambre Sociale (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre sociale N. 58 |
ATTENDU QUE, SELON CES TEXTES, IL EST ATTRIBUE DES ALLOCATIONS POSTNATALES POUR CHAQUE ENFANT DU PREMIER AGE RESIDANT EN FRANCE, SOUS RESERVE QUE LA MERE Y RESIDE REGULIEREMENT A LA DATE DE L'OUVERTURE DU DROIT ;
QUE CE DROIT EST SUBORDONNE A L'OBSERVATION DES PRESCRIPTIONS DE SURVEILLANCE SANITAIRE EDICTEES A L'ARTICLE L 164 DU CODE DE LA SANTE PUBLIQUE ;
ATTENDU QUE LA CAISSE D'ALLOCATIONS FAMILIALES A REFUSE A CHEREAU LE BENEFICE DE LA TROISIEME FRACTION DES ALLOCATIONS POSTNATALES POUR SA X... SYNDIE, NEE LE 30 AVRIL 1977, AUX MOTIFS QU'AU MOMENT DE L'OUVERTURE DU DROIT LA MERE ET L'ENFANT RESIDAIENT AUX PAYS-BAS, ET QUE L'EXAMEN POSTNATAL AVAIT EU LIEU LE 7 AOUT 1979, ALORS QU'IL AURAIT DU ETRE EFFECTUE AVANT LE 30 MAI ;
ATTENDU QUE POUR ACCORDER A CHEREAU LE BENEFICE DE L'ALLOCATION LITIGIEUSE, LA DECISION ATTAQUEE ENONCE ESSENTIELLEMENT QUE L'ELOIGNEMENT PROVISOIRE DE LA FAMILLE A ETE RENDU INEVITABLE PAR LES OBLIGATIONS PROFESSIONNELLES DU PERE, QUE LE RETARD DE L'EXAMEN MEDICAL EST DU A DES RAISONS INDEPENDANTES DE LA VOLONTE DU REQUERANT ET QUE LE MEDECIN CHARGE DE LA PROTECTION...
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