CELEX: C2005/057/08
Language: en
Date: 2005-03-05 00:00:00
Title: Judgment of the Court (First Chamber) of 20 January 2005 in Case C-302/02 (reference for a preliminary ruling from the Oberster Gerichtshof): in the proceedings brought on behalf of Nils Laurin Effing (Family benefits — Grant by a Member State of advances on maintenance payments for minor children — Child of a prisoner — Conditions of granting the maintenance payment — Prisoner transferred to another Member State to serve his sentence — Article 12 EC — Articles 3 and 13 of Regulation (EEC) No 1408/71)

5.3.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 57/5
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 20 January 2005
   in Case C-302/02 (reference for a preliminary ruling from the Oberster Gerichtshof): in the proceedings brought on behalf of Nils Laurin Effing (1)
   
   (Family benefits - Grant by a Member State of advances on maintenance payments for minor children - Child of a prisoner - Conditions of granting the maintenance payment - Prisoner transferred to another Member State to serve his sentence - Article 12 EC - Articles 3 and 13 of Regulation (EEC) No 1408/71)
   (2005/C 57/08)
   Language of the case: German
   In Case C-302/02: reference to the Court under Article 234 EC from the Oberster Gerichtshof (Austria), made by decision of 11 July 2002, received at the Court on 26 August 2002, in the proceedings brought on behalf of Nils Laurin Effing – the Court (First Chamber), composed of P. Jann, President of the Chamber, A. Rosas, K. Lenaerts, S. von Bahr and K. Schiemann (Rapporteur), Judges; J. Kokott Advocate General, R. Grass, Registrar, gave a judgment on 20 January 2005, in which it ruled:
   In circumstances such as those in the main proceedings, in which an employed person within the meaning of Article 2(1) of Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended by Regulation (EC) No 1386/2001 of the European Parliament and of the Council of 5 June 2001, has been transferred, as a prisoner, to the Member State from which he comes in order to serve the remainder of his sentence there, it is the legislation of that Member State which, in the area of family benefits and in accordance with the provisions of Article 13(2) of that regulation, is the applicable legislation. Neither the provisions of that regulation, particularly Article 3 thereof, nor Article 12 EC, preclude, in such a situation, the legislation of a Member State from making the grant of family benefits such as those provided for by the Österreichisches Bundesgesetz über die Gewährung von Vorschüssen auf den Unterhalt von Kindern (Unterhaltsvorschußgesetz) (Austrian Federal Law on the Grant of Advances for the Maintenance of Children) to the members of the family of such a Community national subject to the condition that he remain a prisoner in that State.
   
      (1)  OJ C 305 of 07.12.2002.