CELEX: C1996/197/01
Language: en
Date: 1996-07-06 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 28 March 1996 in Case C-243/94 (reference for a preliminary ruling made by the Sozialgericht Stuttgart): Alejandro Rincón Moreno v. Bundesanstalt für Arbeit (Social security for migrant workers - Family benefits - Article 74 of Regulation (EEC) No 1408/71)

6 . 7. 96            EN |               Official Journal of the European Communities                                No C 197/1
                                                                 I
                                                           (Information)
                                            COURT OF JUSTICE
                                                      COURT OF JUSTICE
               JUDGMENT OF THE COURT                                No 2001 /83 of 2 June 1983 and subsequently by Council
                       ( Sixth Chamber)                             Regulation (EEC) No 3427/89 of30 October 1 989, must be
                                                                    interpreted as meaning that the expression 'unemployed
                     of 28 March 1996                               person. . . who draws unemployment benefits under the
in Case C-243/94 (reference for a preliminary ruling made           legislation of a Member State ' also covers unemployed
by the Sozialgericht Stuttgart): Alejandro Rincon Moreno v.         persons registered with the competent national authority
                 Bundesanstalt fiir Arbeit O                        whose entitlement to unemployment benefit has been
(Social security for migrant workers — Family benefits —            suspended because compensation was paid to them by their
        Article 74 of Regulation (EEC) No 1408/71)                  employer by reason of the fact that the employment
                                                                    relationship was terminated without observance ofa period
                          96/C 197/01 )                             of notice, or because payment of unemployment benefits in
                                                                    cash was temporarily excluded, in cases where, during that
               (Language of the case: German)                       period of exclusion, they are covered against the risks of
                                                                    sickness and accidents under the legislation of the
(Provisional translation; the definitive translation will be        competent State.
         published in the European Court Reports)
                                                                    (M OJ No C 304 , 29 . 10 . 1994 .
In Case C-243/94 : reference to the Court under Article 177
of the EC Treaty by the Sozialgericht ( Social Court)
Stuttgart ( Germany) for a preliminary ruling in the
proceedings pending before that court between Alejandro
Rincon Moreno and Bundesanstalt fiir Arbeit — on the
interpretation of Article 74 of Council Regulation ( EEC )                        JUDGMENT OF THE COURT
No 1408/71 of 14 June 1971 on the application of social
security schemes to employed persons, to self-employed                                    (Fifth Chamber)
persons and to members of their families moving within the                               of 28 March 1996
Community ( OJ, English Special Edition 1971 ( II ), p . 416 ),
as amended and updated by Council Regulation ( EEC )                in Case C- 1 60/95 : Commission of the European
No 2001/83 of 2 June 1983 ( OJ L 230, 1983 , p. 6) and                          Communities v. Hellenic Republic ( l )
subsequently by Council Regulation ( EEC) No 3427/89 of             (Failure of a Member State to fulfil its obligations —
30 October 1989 ( OJ L 331 , 1989, p . 1 ) — the Court ( Sixth        Non-transposition of Directive 91/156/EEC — Waste)
Chamber), composed of C. N. Kakouris ( Rapporteur ),                                        ( 96/C 197/02 )
President of the Chamber, F. A. Schockweiler, P. J. G.
Kapteyn, J. L. Murray and H. Ragnemalm, Judges; M. B.                              (Language of the case: Greek)
Elmer, Advocate-General; H. A. Ruhl, Principal
Administrator, for the Registrar, gave a judgment on
28 March 1996 , the operative part of which is as                   (Provisional translation; the definitive translation will be
follows :                                                                    published in the European Court Reports)
Article 74 of Council Regulation (EEC) No 1408/71 of                In Case C-l 60/95 : Commission of the European
14 June 1971 on the application of social security schemes          Communities ( Agent: Maria Kontou-Durande) v. Hellenic
to employed persons, to self-employed persons and to                Republic (Agents: Ioanna Galani-Maragkoudaki and Evi
members oftheir families moving within the Community, as            Skandalou ) — application for a declaration that, by not
amended and updated by Council Regulation (EEC)                     adopting or by not communicating to the Commission