# C_2007170EN.01001002.xml

| 21.7.2007 | EN | Official Journal of the European Union | C 170/10 |
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21.7.2007

EN

Official Journal of the European Union

C 170/10

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Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 9 May 2007 — Jörn Petersen v Arbeitsmarktservice Niederösterreich

(Case C-228/07)

(2007/C 170/18)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Applicant: Jörn Petersen

Applicant:

Defendant: Arbeitsmarktservice Niederösterreich

Defendant:

Questions referred

| 1. | Is a monetary unemployment benefit granted to unemployed persons who have applied for the grant of a benefit under the statutory pension and accident insurance scheme on the ground of reduced capacity to work or incapacity to work until a decision is made on their application which is an advance payment of such benefit and is to be subsequently set off against such benefit, and which, although subject to the conditions that the person is unemployed and has completed a minimum eligibility period, is not subject to the other requirements for the payment of unemployment benefit, namely capacity to work, willingness to work and readiness to work, and which is paid only if, having regard to the circumstances, it is likely that benefits will be granted under the statutory pension and accident insurance scheme, an unemployment benefit within the meaning of Article 4(1)(g) of Regulation (EEC) No 1408/71 (1) of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, or an invalidity benefit within the meaning of Article 4(1)(b) of that Regulation? |
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1.

Is a monetary unemployment benefit granted to unemployed persons who have applied for the grant of a benefit under the statutory pension and accident insurance scheme on the ground of reduced capacity to work or incapacity to work until a decision is made on their application which is an advance payment of such benefit and is to be subsequently set off against such benefit, and which, although subject to the conditions that the person is unemployed and has completed a minimum eligibility period, is not subject to the other requirements for the payment of unemployment benefit, namely capacity to work, willingness to work and readiness to work, and which is paid only if, having regard to the circumstances, it is likely that benefits will be granted under the statutory pension and accident insurance scheme, an unemployment benefit within the meaning of Article 4(1)(g) of Regulation (EEC) No 1408/71 (1) of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, or an invalidity benefit within the meaning of Article 4(1)(b) of that Regulation?

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| 2. | If the answer to the first question is to the effect that the benefit referred to is an unemployment benefit within the meaning of Article 4(1)(g) of Regulation (EEC) No 1408/71: Does Article 39 EC preclude a national provision which provides that — apart from a discretion available on application by the unemployed person in cases of exceptional circumstances for up to three months — the claim to the benefit is suspended if the unemployed person lives abroad (in another Member State)? |
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2.

If the answer to the first question is to the effect that the benefit referred to is an unemployment benefit within the meaning of Article 4(1)(g) of Regulation (EEC) No 1408/71: Does Article 39 EC preclude a national provision which provides that — apart from a discretion available on application by the unemployed person in cases of exceptional circumstances for up to three months — the claim to the benefit is suspended if the unemployed person lives abroad (in another Member State)?

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(1)  OJ L 149, p. 2.

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