CELEX: C2004/179/04
Language: en
Date: 2004-07-10 00:00:00
Title: Case C-185/04: Reference for a preliminary ruling by the Länsrätten i Stockholms län by order of that court of 20 April 2004 in the proceedings between Ulf Öberg and Stockholms läns allmänna försäkringskassa

10.7.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/2
            
         Reference for a preliminary ruling by the Länsrätten i Stockholms län by order of that court of 20 April 2004 in the proceedings between Ulf Öberg and Stockholms läns allmänna försäkringskassa
   (Case C-185/04)
   (2004/C 179/04)
   Reference has been made to the Court of Justice of the European Communities by order of the Länsrätten i Stockholms län of 20 April 2004, received at the Court Registry on 22 April 2004, for a preliminary ruling in the proceedings between Ulf Öberg and Stockholms läns allmänna försäkringskassa on the following questions:
   
               (i)
            
            
               Is a requirement in national legislation that a parent have been resident and be covered by health insurance in the Member State in question for at least 240 days prior to the child's birth in order to be entitled to parental benefit in accordance with the parent's sickness benefit compatible with Articles 12, 17(2), 18 and 39 EC, Article 7(1) and 7(2) of Regulation No 1612/68 (1) and Directive No 96/34 (2) on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC?
            
         
               (ii)
            
            
               If question (i) is answered in the affirmative: does Community law require that, in the determination of whether the worker fulfils the qualification period for insurance under national law, cumulation shall take place with a period during which the worker was covered by the Joint Sickness insurance scheme pursuant to the Staff Regulations of Officials of the European Communities?
            
         
      (1)  Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (English special edition: Series I Chapter 1968(II), p. 475).
   
      (2)  Council Directive 96/34/EC of 3 June 1996 (OJ 1996 L 145, p. 4).