CELEX: C2003/226/06
Language: en
Date: 2003-09-20 00:00:00
Title: Case C-257/03: Action brought on 16 June 2003 by the Commission of the European Communities against Ireland

20.9.2003             EN                         Official Journal of the European Union                                                C 226/5
Action brought on 16 June 2003 by the Commission of                          application of social security schemes to employed per-
         the European Communities against Ireland                            sons, to self-employed persons and to members of their
                                                                             families moving within the Community (1), as amended by
                                                                             Regulation (EEC) No 1247/92 (2) in conjunction with
                        (Case C-257/03)                                      Annex II, Section III, is care allowance under the
                                                                             Salzburger Pflegegeldgesetz (Law on Care Allowance of
                        (2003/C 226/06)                                      the Land Salzburg) awarded to a member of the family of
                                                                             a person employed in the Land Salzburg who lives with his
                                                                             family in the Federal Republic of Germany excluded from
An action against Ireland was brought before the Court of                    the scope of Regulation (EEC) No 1408/71, as a special
Justice of the European Communities on 16 June 2003 by                       non-contributory benefit?
the Commission of the European Communities, represented
by Mr Xavier Lewis, acting as agent, with an address for service
in Luxembourg.                                                          2.   If the answer to Question 1 is in the negative:
                                                                             May the family member of a person employed in the Land
The Applicant claims that the Court should:
                                                                             Salzburg who lives with his family in the Federal Republic
                                                                             of Germany claim that care allowance under the
1)   Declare that by failing to transmit to the Commission data              Salzburger Pflegegeldgesetz be paid in the form of a
     concerning CO2 emissions from new passenger cars in                     sickness benefit in cash in accordance with Article 19 and
     accordance with Article 4(4) of Decision No 1753/2000/                  the corresponding provisions of the other sections of
     EC of the European Parliament and of the Council of                     Chapter 1 of Title III of Regulation (EEC) No 1408/71,
     22 June 2000 establishing a scheme to monitor the aver-                 irrespective of the fact that he is principally resident in the
     age specific emissions of CO2 from new passenger cars (1),              Federal Republic of Germany, if he satisfies the other
     Ireland has failed to fulfil fully its obligations under                conditions for receipt of the benefit?
     Article 4(4) of that Decision.
2)   Order Ireland to pay the costs.                                    3.   If the answer to Question 1 is in the affirmative:
                                                                             Can a benefit such as care allowance under the Salzburger
Pleas in law and main arguments                                              Pflegegeldgesetz awarded in the form of a social advantage
                                                                             within the meaning of Article 7(2) of Regulation (EEC)
Article 4(4) of the Decision clearly provides that the first trans-          No 1612/68 (3) of the Council of 15 October 1968 on
mission of information shall take place no later than 1 July                 freedom of movement for workers within the Community
2001. Ireland has failed to comply with that deadline.                       be made subject to the condition that the recipient of the
                                                                             benefit must be principally resident in the Land Salzburg?
                                                                        4.   If the answer to Question 3 is in the affirmative:
(1) OJ L 202, 10.8.2000, p. 1.
                                                                             Is the fact that citizens of the Union who are employed as
                                                                             frontier workers in the Land Salzburg but are principally
                                                                             resident in another Member State are not entitled to claim
                                                                             a social advantage within the meaning of Article 7(2) of
                                                                             Regulation (EEC) No 1612/68, such as care allowance
Reference for a preliminary ruling by the Oberster                           under the Salzburger Pflegegeldgesetz, compatible with
Gerichtshof der Republik Österreich by order of that                         Community law, in particular with the principles of non-
Court of 27 May 2003 in the case of Silvia Hosse against                     discrimination and citizenship of the Union under
                          Land Salzburg                                      Articles 12 and 17 EC respectively?
                        (Case C-286/03)
                                                                             If it is not: Does citizenship of the Union make it possible
                        (2003/C 226/07)                                      also for dependent family members of such a frontier
                                                                             worker who are likewise principally resident in another
                                                                             Member State to obtain in their own right care allowance
Reference has been made to the Court of Justice of the                       under the Salzburger Pflegegeldgesetz in the Land
European Communities by order of the Oberster Gerichtshof                    Salzburg?
(Supreme Court) der Republik Österreich of 27 May 2003,
received at the Court Registry on 3 July 2003, for a preliminary
ruling in the case of Silvia Hosse against Land Salzburg on the
following questions:
                                                                        (1) English special edition: Series I Chapter 1971(II), p. 416.
                                                                        (2) OJ L 136, 1992, p. 1.
1.   On a proper construction of Article 4(2b) of Regulation            (3) English special edition: Series I Chapter 1968(II), p. 475.
     (EEC) No 1408/71 of the Council of 14 June 1971 on the