CELEX: C2007/211/05
Language: en
Date: 2007-09-08 00:00:00
Title: Case C-212/05: Judgment of the Court (Grand Chamber) of 18 July 2007 (reference for a preliminary ruling from the Bundessozialgericht, Germany) — Gertraud Hartmann v Freistaat Bayern (Frontier worker — Regulation (EEC) No 1612/68 — Transfer of residence to another Member State — Non-working spouse — Child-raising allowance — Not granted to spouse — Social advantage — Residence condition)

8.9.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/4
            
         Judgment of the Court (Grand Chamber) of 18 July 2007 (reference for a preliminary ruling from the Bundessozialgericht, Germany) — Gertraud Hartmann v Freistaat Bayern
   (Case C-212/05) (1)
   
   (Frontier worker - Regulation (EEC) No 1612/68 - Transfer of residence to another Member State - Non-working spouse - Child-raising allowance - Not granted to spouse - Social advantage - Residence condition)
   (2007/C 211/05)
   Language of the case: German
   Referring court
   Bundessozialgericht
   Parties to the main proceedings
   
      Applicant: Gertraud Hartmann
   
      Defendant: Freistaat Bayern
   Re:
   Reference for a preliminary ruling — Bundessozialgericht — Interpretation of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968(II), p. 475) — Concept of worker — German official having transferred his permanent residence to Austria while continuing to work in Germany — Refusal to grant child-raising allowance (Erziehungsgeld) to his spouse of Austrian nationality resident in Austria and not working in Germany — Social advantage
   Operative part of the judgment
   
               1)
            
            
               A national of a Member State who, while maintaining his employment in that State, has transferred his residence to another Member State and has since then carried on his occupation as a frontier worker can claim the status of migrant worker for the purposes of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community.
            
         
               2)
            
            
               In circumstances such as those at issue in the main proceedings, Article 7(2) of Regulation No 1612/68 precludes the spouse of a migrant worker carrying on an occupation in one Member State, who does not work and is resident in another Member State, from being refused a social advantage with the characteristics of German child-raising allowance on the ground that he did not have his permanent or ordinary residence in the former State.
            
         
      (1)  OJ C 193, 6.8.2005.