Case C-363/08: Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 7 August 2008 — Romana Slanina v Unabhängiger Finanzsenat Außenstelle Wien
Date: 2008-08-07
Institutions: Court of Justice
Subjects: Austria, EU Member State, divorce, interpretation of the law, parental allowance, professional career, social security, wage earner

C 285/22

EN

Official Journal of the European Union

8.11.2008

(b) If the answer to Question 7(a) is in the affirmative, is
the designation of an area twenty or one hundred times
the size of the trial field proportionate having regard to
the protection of private interests (protection of firms,
including the persons and products therein) and of
public interests (prevention of sabotage for the sake of
the
in the
Netherlands)?

biotechnological

development

climate

(1) Directive 2001/18/EC of

the
Council of 12 March 2001 on the deliberate release into the environ-
ment of genetically modified organisms and repealing Council Direc-
tive 90/220/EEC (OJ L 106, p. 1).

the European Parliament and of

(2) Directive 2003/4/EC of the European Parliament and of the Council
of 28 January 2003 on public access to environmental information
and repealing Council Directive 90/313/EEC (OJ L 41, p. 26).

2. Is it relevant to the answer to question 1 that Austria, where
the divorced man remains and where he is exclusively resi-
dent and employed, grants him under certain conditions the
if the
right to family allowances (in respect of the child),
divorced wife's right no longer exists?

3. Does the regulation give the divorced wife a right to family
allowances (in respect of the child) vis-à-vis Austria, where
the divorced man and father of the child is resident and
employed,
if the circumstances as described in question 1
change so that the wife takes up employment in the new
Member State?

(1) OJ 1971 L 149, p. 2.

Reference for a preliminary ruling from the Verwaltungs-
gerichtshof (Austria) lodged on 7 August 2008 — Romana
Slanina v Unabhängiger Finanzsenat Außenstelle Wien

Reference for a preliminary ruling from the Verwaltungs-
gerichtshof (Austria) lodged on 11 August 2008 — Agrana
und
Zucker GmbH v

Land-
Forstwirtschaft, Umwelt und Wasserwirtschaft

Bundesminister

für

(Case C-363/08)

(2008/C 285/35)

(Case C-365/08)

(2008/C 285/36)

Language of the case: German

Language of the case: German

Referring court

Verwaltungsgerichtshof

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Romana Slanina

Applicant: Agrana Zucker GmbH

Defendant: Unabhängiger Finanzsenat Außenstelle Wien

Defendant: Bundesminister
Umwelt und Wasserwirtschaft

für Land- und Forstwirtschaft,

Questions referred

Questions referred

their

1. Does it follow from Regulation (EEC) No 1408/71 of the
Council of 14 June 1971 on the application of social security
schemes to employed persons, to self-employed persons and
to members of
families moving within the Com-
munity (1) (‘the regulation’) that the divorced wife, who is
not in employment, of a man who lives in Austria, and who
is not self-employed, maintains her right to family allowance
if she establishes a
(in respect of a child) vis-à-vis Austria,
permanent residence in another Member State and centres
her life there, and if she continues not to be in employment
there?

1. Must Article 16 of Council Regulation (EC) No 318/2006 of
the
20 February 2006 on the common organisation of
markets in the sugar sector (1) be interpreted as meaning that
even a sugar quota which cannot be utilised as a conse-
quence of a preventive withdrawal
in accordance with
Article 1 of Commission Regulation (EC) No 290/2007 of
16 March 2007 establishing, for the 2007/2008 marketing
year, the percentage (2) provided for in Article 19 of Regu-
lation (EC) No 318/2006, must be included in the assess-
ment of the production charge?