CELEX: C2004/118/38
Language: en
Date: 2004-04-30 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 29 April 2004 in Case C-160/02 (reference for a preliminary ruling from the Oberster Gerichtshof): Friedrich Skalka v Sozialversicherungsanstalt der gewerblichen Wirtschaft (Social security for migrant workers — Austrian rules on compensatory supplements to retirement pensions — Classification of benefits and lawfulness of the residence requirement under Regulation (EEC) No 1408/71)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/22
            
         
      JUDGMENT OF THE COURT
   
   (Fourth Chamber)
   of 29 April 2004
   in Case C-160/02 (reference for a preliminary ruling from the Oberster Gerichtshof): Friedrich Skalka v Sozialversicherungsanstalt der gewerblichen Wirtschaft (1)
   
   (Social security for migrant workers - Austrian rules on compensatory supplements to retirement pensions - Classification of benefits and lawfulness of the residence requirement under Regulation (EEC) No 1408/71)
   (2004/C 118/38)
   Language of the case: German
   In Case C-160/02: reference to the Court under Article 234 EC from the Oberster Gerichtshof (Austria) for a preliminary ruling in the proceedings pending before that court between Friedrich Skalka and Sozialversicherungsanstalt der gewerblichen Wirtschaft — on the interpretation of Articles 4(2a) and 10a of, and Annex IIa to, 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) — the Court (Fourth Chamber), composed of: J.N. Cunha Rodrigues, President of the Chamber, J.-P. Puissochet (Rapporteur) and F. Macken, Judges; J. Kokott, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, has given a judgment on 29 April 2004, in which it has ruled that:
   The provisions of Article 10a of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, 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, and those of Annex IIa thereto must be interpreted as meaning that the compensatory supplement, within the meaning of the Gewerbliche Sozialversicherungsgesetz (Austrian Federal Law of 11 October 1978 on Social Insurance for self-employed persons engaged in trade and commerce), falls within the scope of that regulation and therefore constitutes a special non-contributory benefit within the meaning of Article 4(2a) of that regulation, so that the situation of a person who, after 1 June 1992, fulfils the conditions for the grant of that benefit is governed with effect from 1 January 1995, the date of the Republic of Austria's accession to the European Union, solely by the coordinating provisions laid down by Article 10a.
   
      (1)  OJ C 169, 13.7.2002.