CELEX: C1996/133/01
Language: en
Date: 1996-05-04 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 1 February 1996 in Case C-308/94 (reference for a preliminary ruling from the Cour du Travail, Liège): Office National de l'Emploi v. Heidemarie Naruschawicus (Social security for migrant workers - Council Regulation (EEC) No 1408/71 - Worker residing in a Member State other than the competent Member State - Unemployment benefit)

4 . 5 . 96          I EN                Official Journal of the European Communities                                 No C 133/ 1
                                                                I
                                                          (Information)
                                            COURT OF JUSTICE
                                                      COURT OF JUSTICE
               JUDGMENT OF THE COURT                                    employed persons, to self-employed persons and to
                       ( Sixth Chamber)                                 members of their families moving within the
                                                                        Community, as codified by Council Regulation (EEC)
                      of 1 February 1996                                No 2001 /83 of 2 June 1983 must be interpreted as
in Case C-308/94 ( reference for a preliminary ruling from              meaning that the legislation applicable to a civil servant
the Cour du Travail, Liège ): Office National de l'Emploi               in the employ of one Member State working in the
               v. Heidemarie Naruschawicus ( 1 )                        territory of another Member State who, upon
(Social security for migrant workers — Council Regulation               termination ofhis employment contract, is retroactively
(EEC) No 1408/71 — Worker residing in a Member State                    deemed by the first Member State, by way oflegal fiction
other than the competent Member State — Unemployment                    intended to give him the right to unemployment benefit
                             benefit)                                   and cover by the sickness and invalidity-insurance
                                                                        legislation, to have worked as an ordinary employee and
                          96/C 133 /01
                                                                        not as a civil servant, must be determined on the basis of
                                                                        Article 13 (2) (d) of that Regulation .
                (Language of the case: French)
                                                                    2 . Article 71 (1 ) (b) (i) of Regulation No 1408/71 must be
(Provisional translation; the definitive translation will be            interpreted as meaning that a person other than a
          published in the European Court Reports)                      frontier worker who, having been employed, is wholly
                                                                        umemployed, and who resides in the territory of a
                                                                        Member State other than the competent Member State,
                                                                        may obtain unemployment benefit from the competent
In Case C-308/94 — reference for a preliminary ruling from              State ifhe registers with the employment services of that
the Cour du Travail ( Labour Court ), Liège ( Belgium), in the          State as a person seeking employment and undergoes the
proceedings pending before that court between Office                    checks of those services.
National de l'Emploi and Heidemarie Naruschawicus —
the Court ( Sixth Chamber ), composed of C. N. Kakouris
( Rapporteur ), President of the Chamber, F. A.
Schockweiler, P. J. G. Kapteyn, J. L. Murray and
                                                                    (') OJ No C 386 , 31 . 12 . 1994 .
H. Ragnemalm, Judges; M. La Pergola, Advocate-General;
R. Grass, Registrar, gave a judgment on 1 February 1996 ,
the operative part of which is as follows :
1 . Council Regulation (EEC) No 1408/71 of 14 June 1971
     on the application of social security schemes to