Judgment of the Court (Fifth Chamber) of 15 March 2001 in Case C-85/99 (reference for a preliminary ruling from the Oberster Gerichtshof, Austria): by Vincent Offermanns and Esther Offermanns (Regulation (EEC) No 1408/71 — Definition of "family benefits" — National legislation providing for payment of advances on maintenance payments due by a worker to his minor child — Condition concerning the child's nationality)
Date: 2001-06-30
Institutions: Court of Justice
Subjects: Austria, child care, interpretation of the law, maintenance obligation, social security, social-security benefit

30.6.2001

EN

Official Journal of the European Communities

C 186/3

D.A.O. Edward, P. Jann and L. Sevo´ n (Rapporteur), Judges;
J. Mischo, Advocate General; H.A. Rühl, Principal Adminis-
trator, for the Registrar, has given a judgment on 15 March
2001, in which it has ruled:

1.

2.

In order to determine whether a frontier worker is to be regarded
as partially unemployed or wholly unemployed within the
meaning of Article 71(1)(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,
as amended and updated by Council Regulation (EEC)
No 2001/83 of 2 June 1983, uniform Community criteria
must be applied. That assessment may not be made on the
basis of criteria drawn from national law.

If, in a Member State other than that in whose territory he
resides, a worker remains in employment with the same
undertaking, but part-time, while remaining available for work
on a full-time basis, he is partially unemployed and the related
benefits are to be provided by the competent institution of that
State. On the other hand, if a frontier worker no longer has any
link with that State and is wholly unemployed, those benefits
are to be provided by the institution of the place of residence at
its own expense. It is for the national court to determine on the
basis of those criteria, in the case pending before it, the category
to which the worker in question belongs.

(1) OJ C 48 of 20.2.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 15 March 2001

in Case C-85/99 (reference for a preliminary ruling from
by Vincent
the Oberster Gerichtshof, Austria):

Offermanns and Esther Offermanns (1)

(Regulation (EEC) No 1408/71 — Definition of ‘family
benefits’ — National legislation providing for payment of
advances on maintenance payments due by a worker to his
minor child — Condition concerning the child’s nationality)

(2001/C 186/05)

(Language of the case: German)

ings pending before that court by Vincent Offermanns and
Esther Offermanns — on the interpretation of Articles 3 and
4(1)(h) 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 Articles 6 and
52 of the EC Treaty (now, after amendment, Articles 12 EC
and 43 EC), — the Court (Fifth Chamber), composed of: A. La
Pergola, President of the Chamber, M. Wathelet, D.A.O. Edward
(Rapporteur), P. Jann and L. Sevo´ n, Judges; S. Alber, Advocate
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 15 March 2001, in which it has
ruled:

A benefit such as the advances on maintenance payments provided
for by the Austrian Bundesgesetz über die Gewährung von Vorschüss-
en auf den Unterhalt von Kindern (Unterhaltsvorschussgesetz)
(Federal Austrian Law on the Grant of Advances on Maintenance for
constitutes a family benefit within the meaning of
Children)
Article 4(1)(h) 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. Consequently,
persons residing in the territory of a Member State to which the
provisions of that regulation apply are entitled, in accordance with
Article 3 of that regulation, to receive such a benefit under the
legislation of that Member State on the same conditions as that
State’s nationals.

(1) OJ C 174 of 19.6.1999.

ORDER OF THE COURT OF JUSTICE

(Third Chamber)

of 16 November 2000

in Case C-289/99 P: Schiocchet SARL v Commission of
the European Communities (1)

(Appeal — International coach and bus transport of passen-
gers — Appeal manifestly unfounded)

(2001/C 186/06)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-85/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC)
from the Oberster
Gerichtshof, Austria, for a preliminary ruling in the proceed-

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-289/99 P: Schiocchet SARL, having its registered
office in Beuvillers, France, represented by P. Barbier, avocat,