CELEX: C1997/131/01
Language: en
Date: 1997-04-26 00:00:00
Title: JUDGMENT OF THE COURT of 27 February 1997 in Case C-59/95 (reference for a preliminary ruling from the Sozialgericht Nürnberg): Francisco Bastos Moriana and Others v. Bundesanstalt für Arbeit (Social security for migrant workers - Benefits for dependent children of pensioners and for orphans)

26 . 4 . 97           EN                  Official Journal of the European Communities                                    No C 131 / 1
                                                                  I
                                                            (Information)
                                              COURT OF JUSTICE
                                                        COURT OF JUSTICE
               JUDGMENT OF THE COURT                                  families moving within the Community, as amended and
                     of 27 February 1997                              updated by Council Regulation (EEC) No 2001 /83, must
                                                                      be interpreted as meaning that the competent institution
in Case C-59/95 ( reference for a preliminary ruling from             of a Member State is not bound to grant supplementary
the Sozialgericht Nürnberg): Francisco Bastos Moriana                 family benefits to pensioners or orphans residing in
           and Others v. Bundesanstalt fur Arbeit H                   another Member State where the amount of the family
(Social security for migrant workers — Benefits for                   benefits paid by the Member State of residence is lower
     dependent children of pensioners and for orphans)                than that of the benefits provided for by the laws of the
                                                                      first Member State if entitlement to the pension, or to the
                         ( 97/C 131 /01 )                             orphan 's pension, has not been acquired solely by virtue
                                                                      of insurance periods completed in that State.
               (Language of the case: German)
                                                                      (') OJ No C 137, 3 . 6 . 1995 .
                                                                      ( 2 ) OJ No L 230, 22 . 8 . 1983 , p . 6 .
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
In Case C-59/95 : reference to the Court pursuant to
Article 177 of the EC Treaty from the Sozialgericht
Nürnberg ( Social Court, Nuremberg) ( Germany), for a                                 JUDGMENT OF THE COURT
preliminary ruling in the proceedings pending before that                                      of 11 March 1997
court between Francisco Bastos Moriana,               Cristobal
Aguilera Reyes, Cristobal Gordo Valle, Fernando Romero                in Case C-13/95 (reference for a preliminary ruling from
Ramos, Rosa Moscato and Ana Munoz Abato and                           the Arbeitsgericht, Bonn): Ayşe Süzen v. Zehnacker
Bundesanstalt fur Arbeit — on the interpretation of                   Gebäudereinigung GmbH Krankenhausservice, Lefarth
Articles 77 (2 ) ( b), 78 ( 2 ) ( b) and 79 ( 1 ) of Council                               GmbH, party joined H
Regulation ( EEC ) No 1408/71 of 14 June 1971 on the
application of social security schemes to employed                    (Safeguarding of employees ' rights in the event of transfers
                                                                                                 of undertakings)
persons, to self employed persons and to members of their
families moving within the Community, as amended and                                              ( 97/C 131/02 )
updated by Council Regulation ( EEC ) No 2001/83 (2 ) —
the Court, composed of: G. C. Rodriguez Iglesias,
President, J. C. Moitinho de Almeida, J. L. Murray and L.                             (Language of the case: German)
Sevón ( Presidents of Chambers), P. J. G. Kapteyn, C.
Gulmann ( Rapporteur), D. A. O. Edward, J. -P. Puissochet,
G. Hirsch, P. Jann and M. Wathelet, Judges; N. Fennelly,                 (Provisional translation; the definitive translation will be
Advocate-General; H. A. Rühl, Principal Administrator,                           published in the European Court Reports)
for the Registrar, has given a judgment on 27 February
1997, in which it has ruled:
                                                                      In Case C- 13/95 : reference to the Court pursuant to
                                                                      Article 177 of the EC Treaty from the Arbeitsgericht
Articles 77 (2) (b) (i) and 78 (2) (b) (i) of Council                 ( Labour Court), Bonn, for a preliminary ruling in the
Regulation (EEC) No 1408/71 of 14 June 1971 on the                    proceedings pending before that court between Ayşe Süzen
application of social security schemes to employed                    and Zehnacker Gebäudereinigung GmbH Krankenhaus­
persons, to self-employed persons and to members of their             service, Lefarth GmbH, party joined — on the