CELEX: C2003/146/47
Language: en
Date: 2003-06-21 00:00:00
Title: Case C-153/03: Reference for a preliminary ruling by the Cour de Cassation of the Grand Duchy of Luxembourg by judgment of that Court of 6 March 2003 in the case of Caisse Nationale des Prestations Familiales against Ursula SCHWARZ, née WEIDE

C 146/28                EN                     Official Journal of the European Union                                           21.6.2003
4.    The Court of First Instance violated the right to effective      1.     Must Article 76 of Council Regulation (EEC) No 1408/71
      judicial protection.                                                    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
( 1) OJ C 79, 10.3.2001, p. 23.
( 2) OJ C 79, 10.3.2001, p. 24.                                               Community (1) be interpreted as applying only where a
( 3) OJ C 3, 5.1.2002, p. 39.                                                 migrant worker is entitled to family benefits under the
( 4) OJ C 3, 5.1.2002, p. 45.                                                 legislation of the State of employment and under the
                                                                              legislation of the State in which the members of his
                                                                              family are resident?
                                                                       2.     If so, may the bodies of the State of employment suspend
Reference for a preliminary ruling by the Oberlandesge-                       entitlement to family benefits where they consider that a
richt München — Zivilsenate in Augsburg — by order of                         refusal to grant family benefits in the State of residence is
that Court of 27 March 2003 in the case of Nürnberger                         incompatible with Community law?
Allgemeine Versicherungs AG against Portbridge Trans-
                     port International B.V.
                                                                       3.     If not, does Article 76 of Regulation No 1408/71 permit
                          (Case C-148/03)                                     the State of employment to apply the rule against
                                                                              aggregation of benefits where, under the law of the State
                          (2003/C 146/46)                                     of residence of the family members, the worker’s spouse
                                                                              receives or is entitled to similar family benefits?
Reference has been made to the Court of Justice of the
European Communities by order of the Oberlandesgericht
München — Zivilsenate in Augsburg — (Munich Higher
Regional Court, Civil Chambers in Augsburg) of 27 March                (1 ) as amended and updated by Council Regulation (EEC) No 2001/
                                                                            83 of 2 June 1983 (OJ L 230, p. 6).
2003, received at the Court Registry on 31 March 2003, for a
preliminary ruling in the case of Nürnberger Allgemeine
Versicherungs AG against Portbridge Transport International
B.V. on the following question:
Do the provisions on jurisdiction contained in other conven-
tions take precedence over the general provisions on jurisdic-
tion in the Brussels Convention even where a defendant
domiciled in the territory of a State which is a party to the
Brussels Convention and against whom an action has been
brought before a court of another State which is a party to
that Convention fails to submit pleas as to the merits of the
case in the proceedings before that court?
                                                                       Action brought on 3 April 2003 by the Commission of
                                                                                  the European Communities against Ireland
Reference for a preliminary ruling by the Cour de
Cassation of the Grand Duchy of Luxembourg by judg-
ment of that Court of 6 March 2003 in the case of                                                (Case C-154/03)
Caisse Nationale des Prestations Familiales against Ursula
                    SCHWARZ, née WEIDE
                          (Case C-153/03)                                                        (2003/C 146/48)
                          (2003/C 146/47)
Reference has been made to the Court of Justice of the
European Communities by judgment of the Cour de Cassation
(Court of Cassation) of the Grand Duchy of Luxembourg of               An action against Ireland was brought before the Court of
6 March 2003, received at the Court Registry on 3 April 2003,          Justice of the European Communities on 3 April 2003 by the
for a preliminary ruling in the case of Caisse Nationale des           Commission of the European Communities, represented by
Prestations Familiales against Ursula SCHWARZ, née WEIDE               Karen Banks, acting as agent, with an address for service in
on the following questions:                                            Luxembourg.