Case C-32/13: Judgment of the Court (Third Chamber) of 27 February 2014 (request for a preliminary ruling from the Sozialgericht Nürnberg — Germany) — Petra Würker v Familienkasse Nürnberg (Social security — Regulation (EEC) No 1408/71 — Family allowances — Articles 77 and 78 — Benefits for dependent children of pensioners and for orphans — Regulation (EC) No 883/2004 — Family benefits — Article 67 — Family members residing in another Member State — Concept of ‘pension’  — Recipient of a pension granted, pursuant to German legislation, for bringing up children following the death of the person from whom that recipient was divorced ( ‘Erziehungsrente’ ))
Date: 2014-02-27
Institutions: Court of Justice
Subjects: Germany, divorced person, family benefit, pension scheme, survivor's benefit








C_2014112EN.01001301.xml










14.4.2014   


EN


Official Journal of the European Union


C 112/13





Judgment of the Court (Third Chamber) of 27 February 2014 (request for a preliminary ruling from the Sozialgericht Nürnberg — Germany) — Petra Würker v Familienkasse Nürnberg
(Case C-32/13) (1)

((Social security - Regulation (EEC) No 1408/71 - Family allowances - Articles 77 and 78 - Benefits for dependent children of pensioners and for orphans - Regulation (EC) No 883/2004 - Family benefits - Article 67 - Family members residing in another Member State - Concept of ‘pension’ - Recipient of a pension granted, pursuant to German legislation, for bringing up children following the death of the person from whom that recipient was divorced (‘Erziehungsrente’)))
2014/C 112/15
Language of the case: German

Referring court

Sozialgericht Nürnberg

Parties to the main proceedings


Applicant: Petra Würker

Defendant: Familienkasse Nürnberg

Re:

Request for a preliminary ruling — Sozialgericht Nürnberg — Interpretation of Articles 77 and 78 of 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 their families moving within the Community (OJ 1971 L 149, p. 2) and of Article 67 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1) — Right of a pensioner to family benefits — Concept of ‘pension’ — Pension granted for bringing up children following the death of the former spouse (‘Erziehungsrente’).

Operative part of the judgment







1)


On a proper construction of Article 77(1) of 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 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 592/2008 of the European Parliament and of the Council of 17 June 2008, a benefit such as the pension for bringing up children provided for in Paragraph 47(1) of Book VI of the Social Security Code (Sozialgesetzbuch, Sechstes Buch), which is granted, in the event of death, to the former spouse of the deceased for the purposes of bringing up the children of that former spouse, cannot be treated in the same way as ‘pensions for old age, invalidity or an accident at work or occupational disease’ within the meaning of Article 77 of Regulation (EEC) No 1408/71;










2)


On a proper construction of Article 67 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, a benefit such as the pension for bringing up children provided for in Paragraph 47(1) of Book VI of the Social Security Code is covered by the concept of ‘pension’ within the meaning of Article 67.






(1)  OJ C 147, 25.5.2013.