CELEX: C2005/229/03
Language: en
Date: 2005-09-17 00:00:00
Title: Judgment of the Court (First Chamber) of 7 July 2005 in Case C-153/03: (Reference for a preliminary ruling, Cour de cassation) Caisse nationale des prestations familiales v Ursula Schwarz, née Weide (Family benefits — Child-raising allowance — Suspension of entitlement to the benefits in the State of employment — Entitlement to similar benefits in the State of residence)

17.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 229/2
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 7 July 2005
   in Case C-153/03: (Reference for a preliminary ruling, Cour de cassation) Caisse nationale des prestations familiales v Ursula Schwarz, née Weide (1)
   
   (Family benefits - Child-raising allowance - Suspension of entitlement to the benefits in the State of employment - Entitlement to similar benefits in the State of residence)
   (2005/C 229/03)
   Language of the case: French
   In Case C-153/03, reference for a preliminary ruling under Article 234 EC by the Cour de cassation (Luxembourg), made by decision of 6 March 2003, received at the Court on 3 April 2003, in the proceedings Caisse nationale des prestations familiales and Ursula Schwarz, née Weide, the Court (First Chamber), composed of P. Jann, President of the Chamber, N. Colneric, J.N. Cunha Rodrigues (Rapporteur), M. Ilešič and E. Levits, Judges; J. Kokott, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, gave a judgment on 7 July 2005, in which it ruled:
   Article 10(1)(b)(i) of Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 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, must be interpreted as meaning that the exercise by the spouse of the person entitled to a family benefit in pursuance of Article 73 of Council Regulation (EEC) No 1408/71 of 14 June 1971, as amended and updated by Regulation No 118/97, of a professional or trade activity in the Member State of residence of the children suspends entitlement to allowances in pursuance of Article 73 of Regulation No 1408/71 up to the amount of the child-raising allowances provided for by the legislation of the Member State of residence, irrespective of who is designated as being directly entitled to the family allowances by the legislation of that State.
   
      (1)  OJ C 146 of 21.6.2003