CELEX: C1999/048/22
Language: en
Date: 1999-02-20 00:00:00
Title: Reference for a preliminary ruling by the Arrondissementsrechtbank te Roermond by order of that court of 3 December 1998 in the case of R. J. de Laat against Board of the Landelijk Instituut Sociale Verzekeringen (Case C-444/98)

20.2.1999            EN                  Official Journal of the European Communities                                    C 48/13
Reference      for    a    preliminary     ruling   by    the       5. Alternatively, when determining whether the criterion
Arrondissementsrechtbank te Roermond by order of that                    referred to in Question 3 above is fulfilled, should a
court of 3 December 1998 in the case of R. J. de Laat                    more formal test be applied, such as, for example,
against Board of the Landelijk Instituut Sociale                         whether or not there is a continuing employment
                         Verzekeringen                                   relationship for the purposes of labour law?
                       (Case C-444/98)
                                                                    6. Having regard to the answers to the above questions,
                        (1999/C 48/22)                                   is a frontier worker who, immediately following his
                                                                         dismissal from full-time employment, commences
                                                                         work with the same employer under a part-time
                                                                         contract of employment to be regarded as a partially
Reference has been made to the Court of Justice                          unemployed frontier worker within the meaning of
of the European Communities by order of the                              Article 71(1)(a)(i) of the Regulation or as a wholly
Arrondissementsrechtbank te Roermond (District Court,                    unemployed frontier worker within the meaning of
Roermond) of 3 December 1998, received at the Court                      Article 71(1)(a)(ii) of the Regulation?
Registry on 7 December 1998, for a preliminary ruling in
the case of R. J. de Laat against Board of the Landelijk
                                                                    (1) Updated version, OJ L 28, 30.1.1997, p. 1.
Instituut Sociale Verzekeringen on the following questions:
1. When determining whether a frontier worker is
    partially unemployed and therefore on the basis of
    Article 71(1)(a)(i) of Council Regulation (EEC)                 Reference      for    a     preliminary     ruling  by    the
    No 1408/71 (1) may claim benefit from the competent             Verwaltungsgerichtshof Baden-Württemberg by order of
    Member State, or is wholly unemployed and therefore             that court of 5 November 1998 in the case of Bayram Ali
    on the basis of Article 71(1)(a)(ii) of Regulation (EEC)        Lotoz v. Landeshauptstadt Stuttgart Ð Amt für öffentliche
    No 1408/71 may claim benefit from the Member State                                          Ordnung
    in which he resides, is it relevant whether under the
    national legislation of the competent Member State or                                   (Case C-445/98)
    of the Member State in which he resides the worker in                                    (1999/C 48/23)
    question is to be regarded as partially or wholly
    unemployed or should partially unemployed' and
    wholly unemployed' be given a univocal Ð                       Reference has been made to the Court of Justice
    Community Ð construction?                                       of the European Communities by order of the
                                                                    Verwaltungsgerichtshof         Baden-Württemberg      (Higher
                                                                    Administrative Court, Baden-Württemberg) of 5 November
                                                                    1998, received at the Court Registry on 7 December 1998,
2. If the classification under national law is relevant,
                                                                    for a preliminary ruling in the case of Bayram Ali Lotoz
    which classification should prevail where the view
                                                                    against Landeshauptstadt Stuttgart Ð Amt für öffentliche
    adopted under the law of the competent Member State
                                                                    Ordnung (City of Stuttgart, Public Order Department) on
    and that under the law of the Member State in which
                                                                    the following questions:
    the worker resides lead to different results?
                                                                    1. Does a family member who has been legally resident
                                                                         with a Turkish worker for five years within the
3. If the classification under national law is irrelevant
                                                                         meaning of the second indent of the first paragraph of
    and partially unemployed' or wholly unemployed'
                                                                         Article 7 of Decision No 1/80, and who does not fulfil
    must be given a univocal Ð Community Ð
                                                                         the requirements for availing himself of the rights
    construction, what criterion should then be applied?
                                                                         under Article 6(1) of Decision No 1/80, continue to
                                                                         enjoy the entitlement under the second indent of the
                                                                         first paragraph of Article 7 of Decision 1/80 in
4. Is it of decisive importance in that regard whether or                circumstances where, because of an officially certified
    not there is a continuing link with the State of                     incapacity for work, the Turkish worker now merely
    employment, and if so, what conditions must be                       draws a pension and engages in minor employment as
    satisfied for there to be such a link? Is there such a               an auxiliary in a hotel/restaurant?
    link if:
                                                                    2. Does a family member who has been legally resident
                                                                         with the Turkish worker for five years within the
    (a) there is a concrete prospect that the employee may               meaning of the second indent of the first paragraph of
         be re-employed by the former employer or                        Article 7 of Decision No 1/80 continue, after those
                                                                         five years, to be legally resident within the meaning of
                                                                         that provision if, under the domestic law of the
    (b) the employee continues to work in the same State,                Member State, his residence is deemed to be
         even though to a lesser extent?                                 temporarily authorised only on the basis of an