Case C-347/08: Reference for a preliminary ruling from the Landesgericht Feldkirch (Austria) lodged on 28 July 2008 — Vorarlberger Gebietskrankenkasse v WGV-Schwäbische Allgemeine Versicherungs AG
Date: 2008-07-28
Institutions: Court of Justice
Subjects: EU national, civil law, commercial law, interpretation of the law, social security

25.10.2008

EN

Official Journal of the European Union

C 272/11

Reference for a preliminary ruling from the Landesgericht
Feldkirch (Austria) lodged on 28 July 2008 — Vorarlberger
v WGV-Schwäbische Allgemeine
Gebietskrankenkasse

Versicherungs AG

(Case C-347/08)

(2008/C 272/18)

Language of the case: German

Referring court

Landesgericht Feldkirch

Parties to the main proceedings

Applicant: Vorarlberger Gebietskrankenkasse

Defendant: WGV-Schwäbische Allgemeine Versicherungs AG

Parties to the main proceedings

Applicant: Christian Grimme

Defendant: Deutsche Angestellten Krankenkasse

Question referred

Are the provisions of the Agreement between the European
Community and its Member States, of the one part, and the
Swiss Confederation, of the other, on the free movement of
persons (OJ 2002 L 114, p. 6) (1), in particular Articles 1, 5, 7
and 16 thereof and Articles 12, 17, 18 and 19 of Annex I
thereto, to be interpreted as meaning that they preclude a rule
which obliges a member of a managing board of a company
limited by shares governed by Swiss law who is employed in
Germany to be insured in the German statutory pension insur-
ance scheme, whereas members of managing boards of compa-
nies limited by shares governed by German law are exempt
from that obligation?

Questions referred

(1) OJ 2002 L 114, p. 6.

1. Is the reference in Article 11(2) of Council Regulation (EC)
No 44/2001 of 22 December 2000 on jurisdiction and the
recognition and enforcement of
judgments in civil and
commercial matters (1) to Article 9(1)(b) of that regulation to
be interpreted as meaning that a social security institution, to
which the claims of the directly injured party have passed by
operation of law (Paragraph 332 of the Allgemeines Sozial-
versicherungsgesetz (General Social Insurance Law, ASVG)),
may bring an action directly against the insurer in the courts
for the place in a Member State where the social security
institution is established, provided that such a direct action is
permitted and the insurer is domiciled in a Member State?

2. If the answer to Question 1 is in the affirmative: Does that
jurisdiction exist even if at the time of bringing the action
the directly injured party is not permanently or ordinarily
resident in the Member State in which the social security
institution is established?

Appeal brought on 7 August 2008 by Internationaler
Hilfsfonds e.V. against the judgment delivered by the Court
of First Instance (Fifth Chamber) on 5 June 2008 in Case
T-141/05 Internationaler Hilfsfonds e.V. v Commission

(Case C-362/08 P)

(2008/C 272/20)

Language of the case: German

(1) OJ 2001 L 12, p. 1.

Parties

Appellant:
Kaltenecker, lawyer)

Internationaler Hilfsfonds e.V.

(represented by: H.

Other party to the proceedings: Commission of
Communities

the European

Reference for a preliminary ruling from the Bundes-
lodged on 4 August 2008 —
sozialgericht
Christian Grimme v Deutsche Angestellten Krankenkasse

(Germany)

Form of order sought

(Case C-351/08)

(2008/C 272/19)

Language of the case: German

Referring court

Bundessozialgericht

— set aside the judgment of the Court of First Instance of

5 June 2008;

— give final judgment in the matter and annul the decision of
the Commission of 14 February 2005 (Article 54 of the
Statutes of the Court of Justice);

— in the alternative, refer the case back to the Court of First

Instance;

— order the Commission to pay the costs of the proceedings,

including the appellant's costs.