CELEX: C1999/160/16
Language: en
Date: 1999-06-05 00:00:00
Title: Case C-96/99: Reference for a preliminary ruling by the Bundessozialgericht by order of 15 October 1998 in the case of Issa Chaaban v. Bundesanstalt für Arbeit

5.6.1999               EN                   Official Journal of the European Communities                                         C 160/7
     kind, either from the authority itself or from other              2. If the answer to question 1 is in the affirmative:
     contracting authorities, which enable those bodies to
     tender in an award procedure at prices which are substan-              Does Regulation (EEC) No 1408/71 also apply to stateless
     tially below those of their commercially active competitors,           workers and to members of their families who have
     infringe the principle of equal treatment of all tenderers             travelled directly to a Member State from a non-member
     and candidates in an award procedure?                                  country and have not moved within the Community?
II. Does the decision of a contracting authority to admit
     such bodies to an award procedure constitute covert               (1) OJ L 149, 5.7.1971, p. 2; OJ, English Special Edition 1971 (II),
     discrimination, if the bodies which receive such subsidies            p. 416.
     without exception have the nationality of or are established
     in the Member State in which the contracting authority is
     also established?
III. Does the decision of a contracting authority to admit such
     bodies to an award procedure, even on the assumption
     that it does not discriminate against the other tenderers
     and candidates, constitute a restriction of the freedom to        Reference for a preliminary ruling by the Bundessozial-
     provide services which is not compatible with the pro-            gericht by order of 15 October 1998 in the case of Issa
     visions of the EC Treaty, in particular Article 59 et seq.                      Chaaban v. Bundesanstalt für Arbeit
     thereof?
                                                                                                 (Case C-96/99)
IV. May the contracting authority conclude service contracts
     with bodies which are exclusively or at least predominantly                                (1999/C 160/16)
     in public ownership and provide their services exclusively
     or at least predominantly to the contracting authority or
     other State institutions, without making the service the          Reference has been made to the Court of Justice of the
     subject of an award procedure in competition with com-            European Communities by order of 15 October 1998 from
     mercially active tenderers in accordance with Directive           the Bundessozialgericht (Federal Social Court), which was
     92/50/EEC (1)?                                                    received at the Court Registry on 17 March 1999, for a
                                                                       preliminary ruling in the case of Issa Chaaban v. Bundesanstalt
                                                                       für Arbeit on the following questions:
(1) OJ L 209, 24.7.1992, p. 1.
                                                                       1. Does Council Regulation (EEC) No 1408/71 (1) of 14 June
                                                                            1971 on the application of social security schemes to
                                                                            employed persons, to self-employed persons and to mem-
                                                                            bers of their families moving within the Community apply
                                                                            to stateless persons and to members of their families if
                                                                            such persons have no right of free movement under the
                                                                            Treaty of 25 March 1957 establishing the European
                                                                            Community, as amended by the Treaty of 7 February 1992
Reference for a preliminary ruling by the Bundessozial-                     on the European Union?
gericht by order of 15 October 1998 in the case of
           Mervett Khalil v. Bundesanstalt für Arbeit                  2. If the answer to question 1 is in the affirmative:
                                                                            Does Regulation (EEC) No 1408/71 also apply if the
                          (Case C-95/99)
                                                                            stateless person, his spouse, who is a national of a
                                                                            non-member country, and the other members of their
                         (1999/C 160/15)                                    family have travelled directly to a Member State from a
                                                                            non-member country and have not moved within the
                                                                            Community?
Reference has been made to the Court of Justice of the
European Communities by order of 15 October 1998 from                  3. If the answer to question 2 is in the affirmative:
the Bundessozialgericht (Federal Social Court), which was
received at the Court Registry on 17 March 1999, for a                      Is a family benefit such as child benefit under the German
preliminary ruling in the case of Mervett Khalil v. Bundesanstalt           Bundeskindergeldgesetz to be granted even if only the
für Arbeit on the following questions:                                      spouse who is a national of a non-member country is an
                                                                            employed person, while the stateless other spouse, from
1. Does Council Regulation (EEC) No 1408/71 (1)of 14 June                   whom the first spouse derives his right, is not herself an
     1971 on the application of social security schemes to                  employed person?
     employed persons, to self-employed persons and to mem-
     bers of their families moving within the Community apply
     to stateless persons and to members of their families if          (1) JO L 149, 5.7.1971, p. 2; OJ, English Special Edition 1971 (II),
     such persons have no right of free movement under the                 p. 416.
     Treaty of 25 March 1957 establishing the European
     Community, as amended by the Treaty of 7 February 1992
     on the European Union?