CELEX: 62009CN0388
Language: en
Date: 2009-10-02 00:00:00
Title: Case C-388/09: Reference for a preliminary ruling from the Bundessozialgericht lodged on 2 October 2009 — Joao Filipe da Silva Martins v Bank Betriebskrankenkasse — Pflegekasse

19.12.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 312/19
            
         Reference for a preliminary ruling from the Bundessozialgericht lodged on 2 October 2009 — Joao Filipe da Silva Martins v Bank Betriebskrankenkasse — Pflegekasse
   (Case C-388/09)
   2009/C 312/31
   Language of the case: German
   
      Referring court
   
   Bundessozialgericht
   
      Parties to the main proceedings
   
   
      Applicant: Joao Filipe da Silva Martins
   
      Defendant: Bank Betriebskrankenkasse — Pflegekasse
   
      Question referred
   
   Is it compatible with the primary and/or secondary law of the European Community on freedom of movement and social security for migrant workers (in particular Articles 39 and 42 EC and Articles 27 and 28 of Regulation (EEC) No 1408/71 (1)) for a former worker who receives pensions from both his former State of employment and his home State and acquired an entitlement to care allowance in his former State of employment because he is reliant on care to forfeit the entitlement to care allowance after returning to his home State?
   
      (1)  OJ L 149, 5.7.1971, p. 2