# C_2011030EN.01001803.xml

| 29.1.2011 | EN | Official Journal of the European Union | C 30/18 |
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29.1.2011

EN

Official Journal of the European Union

C 30/18

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Reference for a preliminary ruling from the Sozialgericht Würzburg (Germany) lodged on 9 November 2010 — Doris Reichel-Albert v Deutsche Rentenversicherung Nordbayern

(Case C-522/10)

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2011/C 30/31

Language of the case: German

Referring court

Referring court

Sozialgericht Würzburg

Parties to the main proceedings

Parties to the main proceedings

Applicant: Doris Reichel-Albert

Applicant:

Defendant: Deutsche Rentenversicherung Nordbayern

Defendant:

Questions referred

Questions referred

| 1. | Is Article 44(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (1) to be interpreted as precluding an arrangement in one Member State whereby child-raising periods completed in another Member State of the European Union are to be recognised as such periods completed in the former Member State only if the child-raising parent was habitually resident abroad with the child and paid compulsory contributions during the raising or immediately before the birth of the child because of employment or self-employment there or, where spouses or partners were resident abroad together, if the spouse or partner of the child-raising parent paid such compulsory contributions or did not do so solely because he or she was a person as referred to in Paragraph 5(1) and (4) of Sozialgesetzbuch VI (Social Code VI; ‘SGB VI’) or was exempted from compulsory insurance pursuant to Paragraph 6 SGB VI (Paragraphs 56(3), second and third sentences; 57; 249 SGB VI)? |
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1.

Is Article 44(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (1) to be interpreted as precluding an arrangement in one Member State whereby child-raising periods completed in another Member State of the European Union are to be recognised as such periods completed in the former Member State only if the child-raising parent was habitually resident abroad with the child and paid compulsory contributions during the raising or immediately before the birth of the child because of employment or self-employment there or, where spouses or partners were resident abroad together, if the spouse or partner of the child-raising parent paid such compulsory contributions or did not do so solely because he or she was a person as referred to in Paragraph 5(1) and (4) of Sozialgesetzbuch VI (Social Code VI; ‘SGB VI’) or was exempted from compulsory insurance pursuant to Paragraph 6 SGB VI (Paragraphs 56(3), second and third sentences; 57; 249 SGB VI)?

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| 2. | Is Article 44(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems to be interpreted, despite its wording, as meaning that, in exceptional cases, child-raising periods must be taken into account even where there has been no employment or self-employment if such a period would not otherwise be taken into account under the appropriate legislation either in the competent Member State or in another Member State in which the person was habitually resident while raising the children? |
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2.

Is Article 44(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems to be interpreted, despite its wording, as meaning that, in exceptional cases, child-raising periods must be taken into account even where there has been no employment or self-employment if such a period would not otherwise be taken into account under the appropriate legislation either in the competent Member State or in another Member State in which the person was habitually resident while raising the children?

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(1)  OJ 2004 L 284, p. 1.

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