# C_2006131EN.01000402.xml

| 3.6.2006 | EN | Official Journal of the European Union | C 131/4 |
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3.6.2006

EN

Official Journal of the European Union

C 131/4

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Judgment of the Court (Grand Chamber) of 21 February 2006 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — Silvia Hosse v Land Salzburg

(Case C-286/03) (1)

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(Social security for migrant workers - Regulation (EEC) No 1408/71 - Article 4(2b) - Special non-contributory benefits - Austrian benefit intended to cover the risk of reliance on care - Classification of the benefit and lawfulness of the residence condition from the point of view of Regulation No 1408/71 - Dependant of the insured person)

(2006/C 131/07)

Language of the case: German

Referring court

Oberster Gerichtshof (Austria)

Parties to the main proceedings

Applicant: Silvia Hosse

Applicant:

Defendant: Land Salzburg

Defendant:

Re:

Reference for a preliminary ruling — Oberster Gerichtshof — Interpretation of Articles 4(2b) and 19 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1), and of Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation No 1408/71, as amended and updated by Regulation No 118/97 — Legislation of a province (Salzburg) under which the right to benefits covering the risk of dependency of a handicapped child who is a member of the family of a worker is subject to a residence condition — Concept of special non-contributory benefit — Interpretation of Article 7 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968(II), p. 75) — Social advantage

Operative part of the judgment

| 1. | A care allowance such as that provided for by the Salzburger Pflegegeldgesetz does not constitute a special non-contributory benefit within the meaning of Article 4(2b) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community but a sickness benefit within the meaning of Article 4(1)(a) of that regulation. |
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1.

A care allowance such as that provided for by the Salzburger Pflegegeldgesetz does not constitute a special non-contributory benefit within the meaning of Article 4(2b) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community but a sickness benefit within the meaning of Article 4(1)(a) of that regulation.

| 2. | A member of the family of a worker employed in the Province of Salzburg who lives with his family in Germany may, where he fulfils the other conditions of grant, claim from the competent institution of the worker's place of employment payment of a care allowance such as that paid under the Salzburger Pflegegeldgesetz, as a sickness benefit in cash as provided for in Article 19 of Regulation No 1408/71, in so far as the member of the family is not entitled to a similar benefit under the legislation of the State in whose territory he resides. |
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2.

A member of the family of a worker employed in the Province of Salzburg who lives with his family in Germany may, where he fulfils the other conditions of grant, claim from the competent institution of the worker's place of employment payment of a care allowance such as that paid under the Salzburger Pflegegeldgesetz, as a sickness benefit in cash as provided for in Article 19 of Regulation No 1408/71, in so far as the member of the family is not entitled to a similar benefit under the legislation of the State in whose territory he resides.

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(1)  OJ C 226, 20.09.2003

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