# C_2010221EN.01001701.xml

| 14.8.2010 | EN | Official Journal of the European Union | C 221/17 |
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14.8.2010

EN

Official Journal of the European Union

C 221/17

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Reference for a preliminary ruling from the Sozialgericht Nürnberg (Germany) lodged on 10 May 2010 — Juan Pérez García, José Arias Neira, Fernando Barrera Castro, Dolores Verdun Espinosa, successor to José Bernal Fernández v Familienkasse Nürnberg

(Case C-225/10)

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2010/C 221/27

Language of the case: German

Referring court

Referring court

Sozialgericht Nürnberg

Parties to the main proceedings

Parties to the main proceedings

Applicants: Juan Pérez García, José Arias Neira, Fernando Barrera Castro, Dolores Verdun Espinosa, successor to José Bernal Fernández

Applicants:

Defendant: Familienkasse Nürnberg

Defendant:

Questions referred

Questions referred

| 1. | Is Article 77(2)(b)(i) of Regulation (EEC) No 1408/71 (1) to be interpreted as meaning that family allowances need not be granted by the former State of employment to persons who receive pensions for old age, invalidity or an accident at work or occupational disease under the legislation of more than one Member State and whose pension entitlement is based on the legislation of the former State of employment (national pension entitlement) if provision is made in the State of residence for a comparable, higher benefit, which is, however, incompatible with another benefit for which the person concerned, having been given the choice, has opted? |
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1.

Is Article 77(2)(b)(i) of Regulation (EEC) No 1408/71 (1) to be interpreted as meaning that family allowances need not be granted by the former State of employment to persons who receive pensions for old age, invalidity or an accident at work or occupational disease under the legislation of more than one Member State and whose pension entitlement is based on the legislation of the former State of employment (national pension entitlement) if provision is made in the State of residence for a comparable, higher benefit, which is, however, incompatible with another benefit for which the person concerned, having been given the choice, has opted?

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| 2. | Is Article 78(2)(b)(i) of Regulation (EEC) No 1408/71 to be interpreted as meaning that family allowances for orphans of a deceased employed or self-employed person who was subject to the legislation of several Member States and who enjoyed a notional entitlement to an orphan’s pension based on the legislation of the former State of employment (potential national pension entitlement) need not be granted by the former State of employment if provision is made in the State of residence for a comparable, higher benefit, which is, however, incompatible with another benefit for which the person concerned, having been given a choice, has opted? |
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2.

Is Article 78(2)(b)(i) of Regulation (EEC) No 1408/71 to be interpreted as meaning that family allowances for orphans of a deceased employed or self-employed person who was subject to the legislation of several Member States and who enjoyed a notional entitlement to an orphan’s pension based on the legislation of the former State of employment (potential national pension entitlement) need not be granted by the former State of employment if provision is made in the State of residence for a comparable, higher benefit, which is, however, incompatible with another benefit for which the person concerned, having been given a choice, has opted?

| 3. | Does the same apply to a benefit under Article 77 or Article 78 of Regulation (EEC) No 1408/71 for which provision is generally made in the children’s State of residence, but for which the person concerned, as someone who is not being given a choice, cannot opt? |
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3.

Does the same apply to a benefit under Article 77 or Article 78 of Regulation (EEC) No 1408/71 for which provision is generally made in the children’s State of residence, but for which the person concerned, as someone who is not being given a choice, cannot opt?

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(1)  Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ 1997 L 149, p. 2)

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