CELEX: 62009CN0516
Language: en
Date: 2009-12-11 00:00:00
Title: Case C-516/09: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 11 December 2009 — Tanja Borger v Tiroler Gebietskrankenkasse

13.3.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 63/25
            
         Reference for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 11 December 2009 — Tanja Borger v Tiroler Gebietskrankenkasse
   (Case C-516/09)
   2010/C 63/41
   Language of the case: German
   
      Referring court
   
   Oberster Gerichtshof
   
      Parties to the main proceedings
   
   
      Claimant: Tanja Borger
   
      Defendant: Tiroler Gebietskrankenkasse
   
      Questions referred
   
   
               1.
            
            
               Is Article 1(a) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (1) to be interpreted as meaning that it also covers — for a period of six months — a person who, following the end of the two-year statutory suspension of her employment relationship following the birth of a child, agrees a further six-month period of unpaid leave with her employer in order to draw childcare allowance or a corresponding compensatory benefit for the maximum statutory period, and then terminates the employment relationship?
            
         
               2.
            
            
               If Question 1 is answered in the negative:
               Is Article 1(a) of Regulation (EEC) No 1408/71 to be interpreted as meaning that it also covers — for a period of six months — a person who, following the end of the two-year statutory suspension of her employment relationship, agrees a further six-month period of unpaid leave with her employer, if she draws childcare allowance or a corresponding compensatory benefit during that period?
            
         
      (1)  OJ, English Special Edition 1971 (II), p. 416.