CELEX: C1996/370/03
Language: en
Date: 1996-12-07 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 10 October 1996 in Joined Cases C-245/94 and C-312/94 (references for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen): Ingrid Hoever and Iris Zachow v. Land Nordrhein-Westfalen (Social security - Family benefits - Article 73 of Regulation (EEC) No 1408/71 - Article 4 (1) of Directive 79/7/EEC - Article 7 (2) of Regulation (EEC) No 1612/68)

No C 370/2             LIN                      Official Journal of the European Communities                                        7 . 12 . 96
reclassification of facts under national law with a view to                     a family benefit within the meaning of Article 4 (1 ) (h)
penalizing breaches of the Community legislation                                of Council Regulation (EEC) No 1408/71 of 14 June
applicable at the material time.                                                 1971 on the application of social security schemes to
                                                                                employed persons, to self-employed persons and to
f 1 ) OJ No C 392 , 31 . 12 . 1994 .                                            members of their families moving within the
                                                                                Community, in the version amended and updated by
                                                                                Regulation (EEC) No 2001 /83 of 2 June 1983 , as
                                                                                amended by Regulation (EEC) No 3427/89 of
                                                                                30 October 1989 .
                  JUDGMENT OF THE COURT
                            (Fifth Chamber)                                2 . Where an employed person is subject to the legislation
                         of 10 October 1996                                     of a Member State and lives with his or her family in
                                                                                another Member State, that person 's spouse is entitled,
in Joined Cases C-245/94 and C-3 12/94 (references for a                        under Article 73 of Regulation (EEC) No 1408/71 , to
preliminary ruling from the Landessozialgericht Nordrhein­                      receive a benefit such as child-raising allowance in the
Westfalen): Ingrid Hoever and Iris Zachow v. Land                               State of employment.
                       Nordrhein-Westfalen (*)
(Social security — Family benefits — Article 73 of                         3 . Article 3 (I ) and (2) of Council Directive 79/7/EEC of
Regulation (EEC) No 1408/71 — Article 4 (1 ) of Directive                       19 December 1978 on the progressive implementation
79/7/EEC        — Article          7 (2)    of Regulation      (EEC)            of the principle of equal treatment for men and women
                               No 1612/68)
                                                                                in matters of social security must be interpreted as
                              ( 96/C 370/03 )                                   meaning that a child-raising allowance such as that
                                                                                provided for by Article 1 et seq. of the Bundeserzie­
                  (Language of the case: German)                                hungsgeldgesetz does not fall within the scope of that
                                                                                Directive.
    (Provisional translation; the definitive translation will be
             published in the European Court Reports)                      (!) OJ No C 304, 29 . 10 . 1994.
                                                                                OJNoC38Q , 31 . 12 . 1994 .
In Joined Cases C-245/94 and C-3 12/94: reference to the
Court under Article 177 of the EC Treaty by the
Landessozialgericht Nordrhein-Westfalen ( North Rhine­
Westphalia Higher Social Court ) ( Germany ) for a
preliminary ruling in the proceedings pending before that
court between Ingrid Hoever and Iris Zachow of the one                                     JUDGMENT OF THE COURT
part and the Land Nordrhein-Westfalen ( Land of North                                              of 15 October 1996
Rhine-Westphalia ) of the other part on the interpretation of
Article 4 ( 1 ) ( h) and Article 73 of Council Regulation ( EEC )          in Case C-3 11/94 ( reference for a preliminary ruling from
No 1408/71 of 14 June 1971 on the application of social                    the Netherlands Raad van State ): IJssel-Vliet Combinatie
security schemes to employed persons, to self-employed                                BV v. Minister van Economische Zaken 0 )
persons and to members of their families moving within the                         (State aid for the construction of a fishing vessel)
Community ( Official Journal, English Special Edition 1971
( II ), p. 416 ), in the version amended and updated by                                               ( 96/C 370/04 )
Regulation ( EEC ) No 2001 /83 of 2 June 1983 ( OJ No
L 230 , 1983 , p. 6 ), as amended by Regulation ( EEC ) No
3427/89 of 30 October 1989 ( OJ No L 331 , 1989, p. 1 ), of                                  (Language of the case: Dutch)
Article 4 ( 1 ) of Council Directive 79/7/EEC of 19 December
1978 on the progressive implementation of the principle of                    (Provisional translation; the definitive translation will be
equal treatment for men and women in matters of social                                published in the European Court Reports)
security ( OJ No L 6, 1979, p. 24 ) and of Article 7 ( 2 ) of
Council Regulation ( EEC ) No 1612/68 of 15 October 1968
on      freedom     of   movement       for   workers    within  the       In Case C-3 11 /94 : reference to the Court under Article 177
Community ( Official Journal, English Special Edition 1968                 of the EC Treaty from the Netherlands Raad van State
(II ), p. 475 ) — the Court ( Fifth Chamber), composed of:                 ( Council of State ) for a preliminary ruling in the
J. C. Moitinho de Almeida , President of the Chamber, L.                   proceedings pending before that court between IJssel-Vliet
Sevon, D. A. O. Edward ( Rapporteur), P. Jann and M.                       Combinatie BV and Minister van Economische Zaken — on
Wathelet, Judges; Advocate-General : F. G. Jacobs;                         the interpretation of Articles 42 , 92 and 93 of the EEC
Registrar: D. Louterman-Hubeau, Principal Administrator,                   Treaty, of Council Regulation ( EEC ) No 4028/86 of
has given a judgment on 10 October 1996, in which it rules:                 18 December 1986 on Community measures to improve
                                                                           and adapt structures in the fisheries and aquaculture sector
1 . A benefit such as the child-raising allowance provided                 ( OJ No L 376 , 1986 , p. 7 ), of Council Directive 87/167/
       for by the Bundeserziehungsgeldgesetz, which is                     EEC of 26 January 1987 on aid to shipbuilding ( OJ No
       automatically granted to persons fulfilling certain                 L 69, 1987, p. 55 ) and of the guidelines for the examination
       objective criteria, without any individual and                      of State aids in the fisheries sector ( OJ No C 313 , 1988 ,
       discretionary assessment of personal needs, and which               p. 21 ) — the Court, composed of: G. C. Rodriguez Iglesias,
       is intended to meet family expenses, must be treated as             President, G. F. Mancini, J. L. Murray and L. Sevon