Key legal question
Whether the child could rely on the ALCP and Regulation 1408/71 to obtain congenital-anomaly medical measures despite failing Swiss residence conditions.
Extracted holding
Yes. As a family member of a French worker in Switzerland, the child fell within the personal scope of Regulation 1408/71, and the requested medical measures fell within its material scope; equal treatment therefore barred nationality-based denial.
Extracted reasoning
Following ATF 133 V 320, the distinction between own and derivative rights does not exclude family members for congenital-anomaly medical measures. Such measures are in-kind sickness benefits under Art. 4(1)(a) Regulation 1408/71, so a foreign child in the same situation as a Swiss child must be treated identically.