CELEX: C1995/137/26
Language: en
Date: 1995-06-03 00:00:00
Title: Reference for a preliminary ruling from the Finanzgericht Bremen by order of that court of 7 March 1995 in the case of Brigitte Kording v. Senator für Finanzen (Case C-100/95)

3 . 6 . 95             EN |                  Official Journal of the European Communities                                  No C 137/ 13
Reference for a preliminary ruling from the Finanzgericht                    amended by Royal Decree Law 3/89 of 31 March 1989
Bremen by order of that court of 7 March 1995 in the case of                 ( now Article 215 ( 3 ) of Royal Legislative Decree 1 /1994
            Brigitte Kording v. Senator fur Finanzen                         of 20 June 1994 ) be considered an unemployment
                         ( Case C-100/95 )                                   benefit within the meaning of Article 4 ( 1 ) of Regulation
                                                                             ( EEC ) No 1408/71 ?
                           ( 95/C 137/26 )
Reference has been made to the Court of Justice of the
                                                                        If the foregoing question is answered in the affirmative :
European Communities by an order of the Finanzgericht
( Finance Court ) Bremen, Second Senate, of 7 March 1995 ,              2 . Must Article 67 ( 1 ) of Regulation ( EEC ) No 1408/71 ( in
which was received at the Court Registry on 30 March                         its present version ) be interpreted, as regards the
1995 , for a preliminary ruling in the case of Brigitte Kording              particular facts to which it is to be applied , as meaning
v. Senator fur Finanzen on the following question :                          that periods of insurance or of employment completed
                                                                             under the legislation of any other Member State must be
Is there an infringement, in the form of ' indirect                          taken into account for the purposes of obtaining the
discrimination against women', of Article 3 ( 1 ) of Directive               unemployment allowance for persons over 52 years of
76/207/EEC of 9 February 1976 (') or other Community                         age, provided for by Article 215 ( 3 ) of Royal Legislative
law, where, under domestic legislation ( Paragraph 38 ( 1 ),                 Decree 1 /1994 of 20 June 1994, which approves the
                                                                             consolidated version of the General Law on Social
No 4a , second subparagraph, in conjunction with
Paragraph 36 ( 3 ) of the Steuerberatungsgesetz ( Law on Tax                 Security, to the extent to which the right to a retirement
Consultancy ), the 15-year minimum period of employment                      pension may be obtained on the basis of such
as a case officer in the executive class of the revenue                      contributions, subject to age requirements , in a Member
administration, which is required for exemption from the                     State other than that of the competent institution ?
tax consultants ' examination, is proportionately extended
in the case of part-time employment involving working                   3 . Can that be the case even though the worker has not
hours of no less than one-half of the normal working hours ,                 paid contributions in Spain or has paid contributions for
and where, of the 119 part-time executive-class officers in                  less than one year, provided that he is entitled to a
the Bremen revenue administration, 110 are women                             retirement pension in any Member State ?
( 92,4% )?
                                                                        4 . Is the requirement that, for migrant workers to receive
(') OJ No L 39 , 14 . 2 . 1976 , p . 40 .                                    the unemployment allowance available for persons of
                                                                             more than 52 years of age, it must be shown that, subject
                                                                             to age requirements , they are entitled to a retirement
                                                                             pension payable by the Spanish social security scheme
                                                                              ( persons having such an entitlement in any other
                                                                             Member State being precluded from receiving such
                                                                             allowance ) contrary to Articles 48 ( 2 ) and 51 of the EC
                                                                             Treaty ?
References for preliminary rulings by Juzgado de lo Social
No 1 , Santiago de Compostela, by order of that court of
 13 March 1995 in the cases of Manuel Eugenio Fernandez
Balado and Jose Paredes v. Instituto Nacional de Empleo
           and Instituto Nacional de Seguridad Social
                ( Cases C-102/95 and C-103/95 )
                            ( 95 /C 137/27 )
                                                                        Reference for a preliminary ruling from the
                                                                        Bundesgerichtshof by order of that court of 6 March 1995
Reference has been made to the Court of Justice of the                  in the case of MSG, Mainschiffahrts-Genossenschaft e.G.
European Communities by an order of Juzgado de lo Social                                v. Les Gravieres Rhenanes Sari
 ( Social Court) No 1 , Santiago de Compostela, of 13 March                                      Case C-106/95 )
 1995 , which was received at the Court Registry on                                               ( 95/C 137/28 )
 13 March 1995 , for a preliminary ruling in the cases of
Manuel Eugenio Fernandez Balado and Jose Paredes against
Instituto Nacional de Empleo ( National Employment                      Reference has been made to the Court of Justice of the
Institute ) and Instituto Nacional de Seguridad Social
                                                                        European Communities by an order of the
 ( National Social Security Institute ) on the following
                                                                        Bundesgerichtshof ( Federal Court of Justice ) — Second
 questions :                                                            Civil Senate — of 6 March 1995 , which was received at the
                                                                         Court Registry on 31 March 1995 , for a preliminary ruling
 1 . Must the unemployment allowance for persons over 52                in the case of MSG, Mainschiffahrts-Genossenschaft e.G.
      years of age applied for by the plaintiff, provided for by        v. Les Gravieres Rhenanes Sari on the following
      Article 13 ( 2 ) of Law 31 /84 of 2 August 1984, as                questions :