CELEX: 62013CN0004
Language: en
Date: 2013-01-02 00:00:00
Title: Case C-4/13: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 2 January 2013 — Agentur für Arbeit Krefeld — Familienkasse v Susanne Fassbender-Firman

6.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 101/9
            
         Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 2 January 2013 — Agentur für Arbeit Krefeld — Familienkasse v Susanne Fassbender-Firman
   (Case C-4/13)
   2013/C 101/20
   Language of the case: German
   
      Referring court
   
   Bundesfinanzhof
   
      Parties to the main proceedings
   
   
      Appellant: Agentur für Arbeit Krefeld — Familienkasse
   
      Respondent: Susanne Fassbender-Firman
   
      Questions referred
   
   
               1.
            
            
               Should Article 76(2) of Regulation No 1408/71 (1) be interpreted to the effect that the competent institution of the Member State of employment enjoys discretion in applying Article 76(1) of Regulation No 1408/71 if an application for benefits is not made in the Member State of residence of the members of the family?
            
         
               2.
            
            
               If the first question is answered in the affirmative: on the basis of which discretionary considerations may the institution competent for family benefits in the Member State of employment apply Article 76(1) of Regulation No 1408/71 as if benefits had been granted in the Member State of residence of the members of the family?
            
         
               3.
            
            
               If the first question is answered in the affirmative: To what extent is the discretionary decision by the competent institution subject to judicial review?
            
         
      (1)  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, OJ 1971 L 149, p. 2; Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating 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 and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71, OJ 1997 L 28, p. 1.