# C_2008171EN.01000501.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/5 |
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5.7.2008

EN

Official Journal of the European Union

C 171/5

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Judgment of the Court (Grand Chamber) of 20 May 2008 (reference for a preliminary ruling from the Finanzgericht Köln (Germany)) — Brigitte Bosmann v Bundesagentur für Arbeit — Familienkasse Aachen

(Case C-352/06) (1)

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(Social security - Child benefit - Suspension of entitlement to benefits - Article 13(2)(a) of Regulation (EEC) No 1408/71 - Article 10 of Regulation (EEC) No 574/72 - Legislation applicable - Granting of benefits in the Member State of residence which is not the competent Member State)

(2008/C 171/07)

Language of the case: German

Referring court

Finanzgericht Köln

Parties to the main proceedings

Applicant: Brigitte Bosmann

Applicant:

Defendant: Bundesagentur für Arbeit — Familienkasse Aachen

Defendant:

Re:

Reference for a Preliminary Ruling — Finanzgericht Köln — Interpretation of Article 13(2)(a) 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 (OJ, English Special Edition Series I, Chapter 1971 (II), p. 416) — Interpretation of Article 10 of Council Regulation (EEC) No 574/72 of 21 March 1972 for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English Special Edition, Series I, Chapter 1972 (I), p. 159) — Interpretation of Article 39 EC — Interpretation of general principles — Child benefit for dependent children — Suspension of benefits paid in the State of residence — Right to benefits of the same type in the State of employment.

Operative part of the judgment

| 1. | Article 13(2)(a) 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, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005, does not preclude a migrant worker, who is subject to the social security scheme of the Member State of employment, from receiving, pursuant to the national legislation of the Member State of residence, child benefit in the latter State. |
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1.

Article 13(2)(a) 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, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005, does not preclude a migrant worker, who is subject to the social security scheme of the Member State of employment, from receiving, pursuant to the national legislation of the Member State of residence, child benefit in the latter State.

| 2. | It is for the referring court to determine whether the fact that a worker, in the situation of the applicant in the main proceedings, returns at the end of each working day to the family residence in the Member State concerned is relevant for the purposes of deciding whether such a worker satisfies the requirements for the grant of the child benefit in question in that State pursuant to its legislation. |
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2.

It is for the referring court to determine whether the fact that a worker, in the situation of the applicant in the main proceedings, returns at the end of each working day to the family residence in the Member State concerned is relevant for the purposes of deciding whether such a worker satisfies the requirements for the grant of the child benefit in question in that State pursuant to its legislation.

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(1)  OJ C 281, 18.11.2006.

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