Updated : 12/2012
Where you work — As a cross-border commuter (employed or self-employed) you have the right to equal treatment with colleagues who are nationals of the country where you work. This covers:
Where you live — Whether or not you are a national of the country where you live, you have the right to live there even if you go to work across the border, because you are considered as having sufficient means to support yourself.
In everyday life, you are subject to the laws of both countries.
The laws where you work cover:
The laws where you live cover:
Evelien from the Netherlands worked as a cross-border commuter in Germany for 10 years. In that time, she set up a German private pension and obtained a savings-pension bonus from the German authorities.
When she retired, the German authorities asked her to pay back all savings-pension bonuses she had been paid over the past 10 years. They said it was because she had stopped paying taxes in Germany. But as soon as Evelien stopped working in Germany, she had to pay taxes in her country of residence, the Netherlands.
Evelien took this matter to the German courts. They agreed that, as a cross-border commuter, she was entitled to the bonus, which counts as a supplementary benefit. Evelien did not have to pay back the bonus.
Rosita lives in Italy with her husband and 3 children, but works in France. She applies for a discounted train pass for large families, but had it refused because neither she nor her children live in France.
Rosita should insist and, if necessary, seek help from the various EU assistance services. All EU workers with large families (in many countries, 3 or more children) are entitled to cheaper train travel in the country where they work from the day they start work — if such reductions are available to nationals of that country.
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