Question juridique clé
Whether the foreign residence condition of Art. 2 para. 2 LPC could be applied to deny supplementary benefits
Solution extraite
The additional residence condition is directly discriminatory and cannot be applied to a legally resident EU citizen covered by the coordination rules.
Motifs extraits
Under the ALCP and Regulation No 1408/71, supplementary benefits are special non-contributory cash benefits that must be granted without nationality discrimination to persons lawfully resident in Switzerland.