# C_2009233EN.01000501.xml

| 26.9.2009 | EN | Official Journal of the European Union | C 233/5 |
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26.9.2009

EN

Official Journal of the European Union

C 233/5

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Reference for a preliminary ruling from the Finanzgericht Baden-Württemberg (Germany), lodged on 7 July 2009 — Alketa Xhymshiti v Bundesagentur für Arbeit — Familienkasse Lörrach

(Case C-247/09)

2009/C 233/08

Language of the case: German

Referring court

Referring court

Finanzgericht Baden-Württemberg

Parties to the main proceedings

Parties to the main proceedings

Claimant: Alketa Xhymshiti

Claimant:

Defendant: Bundesagentur für Arbeit — Familienkasse Lörrach

Defendant:

Questions referred

Questions referred

| 1. | In cases in which a national of a non-member country is lawfully resident in a Member State of the European Union and works in the Swiss Confederation, does Regulation (EC) No 859/2003 (1) apply to him and his spouse, who is also a national of a non-member country, in their Member State of residence, with the result that the Member State of residence is obliged to apply Regulations (EEC) No 1408/71 (2) and (EEC) No 574/72 (3) to that employed person and his spouse? |
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1.

In cases in which a national of a non-member country is lawfully resident in a Member State of the European Union and works in the Swiss Confederation, does Regulation (EC) No 859/2003 (1) apply to him and his spouse, who is also a national of a non-member country, in their Member State of residence, with the result that the Member State of residence is obliged to apply Regulations (EEC) No 1408/71 (2) and (EEC) No 574/72 (3) to that employed person and his spouse?

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| 2. | If the answer to the first question is in the negative: in the circumstances set out in the first question, are Articles 2, 13 and 76 of Regulation (EEC) No 1408/71 and Article 10(1)(a) of Regulation (EEC) No 574/72 to be interpreted as meaning that a mother who is a national of a non-member country may be refused family benefits in her Member State of residence on the basis of the fact that she is a national of a non-member country, even though the child concerned is a Union citizen? |
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2.

If the answer to the first question is in the negative: in the circumstances set out in the first question, are Articles 2, 13 and 76 of Regulation (EEC) No 1408/71 and Article 10(1)(a) of Regulation (EEC) No 574/72 to be interpreted as meaning that a mother who is a national of a non-member country may be refused family benefits in her Member State of residence on the basis of the fact that she is a national of a non-member country, even though the child concerned is a Union citizen?

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(1)  Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality (OJ 2003 L 124, p. 1).

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(2)  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, English Special Edition 1971 (II), p. 416).

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(3)  Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (OJ, English Special Edition 1972 (I), p. 159).

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