Judgment of the Court (First Chamber) of 20 January 2005 in Case C-302/02 (reference for a preliminary ruling from the Oberster Gerichtshof): in the proceedings brought on behalf of Nils Laurin Effing (Family benefits — Grant by a Member State of advances on maintenance payments for minor children — Child of a prisoner — Conditions of granting the maintenance payment — Prisoner transferred to another Member State to serve his sentence — Article 12 EC — Articles 3 and 13 of Regulation (EEC) No 1408/71)
Date: 2005-03-05
Institutions: Court of Justice
Subjects: Austria, EU national, equal treatment, interpretation of the law, maintenance obligation, penalty, prisoner

5.3.2005

EN

Official Journal of the European Union

C 57/5

JUDGMENT OF THE COURT

for the Maintenance of Children) to the members of the family of such
a Community national subject to the condition that he remain a pris-
oner in that State.

(First Chamber)

of 20 January 2005

(1) OJ C 305 of 07.12.2002.

in Case C-302/02 (reference for a preliminary ruling from
the Oberster Gerichtshof): in the proceedings brought on
behalf of Nils Laurin Effing (1)

(Family benefits — Grant by a Member State of advances on
maintenance payments for minor children — Child of a pris-
oner — Conditions of granting the maintenance payment —
Prisoner transferred to another Member State to serve his
sentence — Article 12 EC — Articles 3 and 13 of Regulation
(EEC) No 1408/71)

JUDGMENT OF THE COURT

(Second Chamber)

of 20 January 2005

(2005/C 57/08)

in Case C-448/02: Hellenic Republic v Commission of the
European Communities (1)

(Language of the case: German)

(EAGGF — Clearance of accounts — 1995 financial year —
Arable crops)

In Case C-302/02: reference to the Court under Article 234 EC
from the Oberster Gerichtshof (Austria), made by decision of
11 July 2002, received at the Court on 26 August 2002, in the
proceedings brought on behalf of Nils Laurin Effing – the
Court (First Chamber), composed of P. Jann, President of the
Chamber, A. Rosas, K. Lenaerts, S. von Bahr and K. Schiemann
J. Kokott Advocate General, R. Grass,
(Rapporteur),
Registrar, gave a judgment on 20 January 2005, in which it
ruled:

Judges;

In circumstances such as those in the main proceedings, in which an
employed person within the meaning of Article 2(1) of 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
by Regulation (EC) No 1386/2001 of the European Parliament and
of the Council of 5 June 2001, has been transferred, as a prisoner, to
the Member State from which he comes
to serve the
remainder of his sentence there, it is the legislation of that Member
State which, in the area of family benefits and in accordance with the
provisions of Article 13(2) of that regulation, is the applicable legisla-
tion. Neither the provisions of that regulation, particularly Article 3
thereof, nor Article 12 EC, preclude, in such a situation, the legisla-
tion of a Member State from making the grant of family benefits such
as those provided for by the Österreichisches Bundesgesetz über die
Gewährung von Vorschüssen auf den Unterhalt von Kindern (Unter-
haltsvorschußgesetz) (Austrian Federal Law on the Grant of Advances

in order

(2005/C 57/09)

(Language of the case: Greek)

In Case C-448/02: Hellenic Republic (Agents: I. Chalkias and
G. Kanellopoulos) v Commission of the European Commu-
nities (Agent: M. Condou-Durande) – Action for annulment
under Article 230 EC, brought on 10 December 2002 – the
Court (Second Chamber), composed of: C.W.A. Timmermans,
President of the Chamber, R. Silva de Lapuerta, J. Makarczyk, P.
Kūris (Rapporteur) and G. Arestis, Judges; A. Tizzano, Advocate
General; R. Grass, Registrar, gave a judgment on 20 January
2005 in which it:

1. Dismisses the action.

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 31, 08.02.2003.