CELEX: C1999/174/01
Language: en
Date: 1999-06-19 00:00:00
Title: Case C-85/99: Reference for a preliminary ruling by the Oberster Gerichtshof, Vienna, by order of that court of 23 February 1999, in the maintenance proceedings concerning the minors Vincent and Esther Offermanns, represented by their mother, Barbara Schröder-Offermanns

19.6.1999             EN                    Official Journal of the European Communities                                      C 174/1
                                                                    I
                                                              (Information)
                                                 COURT OF JUSTICE
                                                          COURT OF JUSTICE
Reference for a preliminary ruling by the Oberster                          for children (Unterhaltsvorschussgesetz 1985) [Law on
Gerichtshof, Vienna, by order of that court of 23 February                  advance payments of maintenance 1985], hereinafter
1999, in the maintenance proceedings concerning the                         ‘UVG’ — current version in BGBl. p. 451) discriminated
minors Vincent and Esther Offermanns, represented by                        against contrary to Article 52 of the EC Treaty or
        their mother, Barbara Schröder-Offermanns                           Article 6(1) of the EC Treaty by virtue of the fact that
                                                                            entitlement to such an advance is withheld from them
                                                                            under Paragraph 2(1) of the UVG on the ground that they
                         (Case C-85/99)                                     are German nationals?
                                                                        (1) OJ 1971 L 149, p. 2.
                        (1999/C 174/01)                                 (2) OJ 1984 L 230, p. 6.
                                                                        (3) OJ 1989 L 331, p. 1.
Reference has been made to the Court of Justice of the
European Communities by order of the Oberster Gerichtshof
(Supreme Court), Vienna, of 23 February 1999, received at the
Court Registry on 10 March 1999, for a preliminary ruling in
the maintenance proceedings concerning the minors Vincent
and Esther Offermanns, represented by their mother, Barbara             Reference for a preliminary ruling by the Bundesfinanzh-
Schröder-Offermanns, on the following questions:                        of by order of that court of 2 February 1999 in the case
                                                                        of Emsland-Stärke GmbH against Hauptzollamt Hamburg-
I.  Are advances on maintenance payments to the minor                                                 Jonas
    children of self-employed persons under the Austrian
    Federal Law on the grant of advances on maintenance                                          (Case C-110/99)
    payable in respect of children (Unterhaltsvorschussgesetz
    1985 [Law on advance payments of maintenance 1985],                                          (1999/C 174/02)
    hereinafter ‘UVG’ — current version in BGBl. p. 451)
    family benefits under Article 4(1)(h) of Council Regulation         Reference has been made to the Court of Justice of the
    (EEC) No 1408/71 (1) of 14 June 1971 on the application             European Communities by order of the Bundesfinanzhof
    of social security schemes to employed persons, to self-            (Federal Finance Court, Germany) of 2 February 1999, received
    employed persons and to members of their families                   at the Court Registry on 31 March 1999, for a preliminary
    moving within the Community, as amended and updated                 ruling in the case of Emsland-Stärke GmbH v Hauptzollamt
    by Regulation (EEC) No 2001/83 (2) of 2 June 1983 and               Hamburg-Jonas on the following questions:
    amended by Council Regulation (EEC) No 3427/89 (3) of
    30 October 1989, and is Article 3 of the regulation                 On a proper interpretation of Article 10(1) in conjunction
    concerning equal treatment therefore applicable in such a           with Article 20(2) to (6) of Regulation (EEC) No 2730/79, does
    case?                                                               an exporter lose his right to payment of an export refund,
                                                                        determined at a single rate for all non-member countries
II. Should Question 1 be answered in the negative:                      without variation according to destination, if the product in
                                                                        respect of which the export refund was paid, and which is sold
                                                                        to a purchaser established in a non-member country, is,
    Are minor children who, like their parents — who are                immediately after its release into free circulation in that
    self-employed in Austria — are German nationals but                 non-member country, transported back to the Community
    ordinarily resident in Austria and who are applying for the         under the external Community transit procedure and is there
    grant of an advance on maintenance under the Austrian               released into free circulation on payment of import duties,
    Federal Law on the grant of advances on maintenance                 without any infringement being established?