CELEX: C1998/234/06
Language: en
Date: 1998-07-25 00:00:00
Title: JUDGMENT OF THE COURT of 12 May 1998 in Case C-85/96 (reference for a preliminary ruling from the Bayerisches Landessozialgericht): María Martínez Sala v Freistaat Bayern (Articles 8a, 48 and 51 of the EC Treaty - Definition of 'worker' - Article 4 of Regulation (EEC) No 1408/71 - Child-raising allowance - Definition of 'family benefit' - Article 7(2) of Regulation (EEC) No 1612/68 - Definition of 'social advantage' - Requirement of possession of a residence permit or authorisation)

C 234/4               EN                  Official Journal of the European Communities                                     25.7.98
               JUDGMENT OF THE COURT                                      amended by Council Regulation (EEC) No 3427/89 of
                                                                          30 October 1989 and as a social advantage within the
                       of 12 May 1998
                                                                          meaning of Article 7(2) of Council Regulation (EEC)
in Case C-85/96 (reference for a preliminary ruling from                  No 1612/68 of 15 October 1968 on freedom of
the Bayerisches Landessozialgericht): María Martínez Sala                 movement for workers within the Community.
                     v Freistaat Bayern (1)
(Articles 8a, 48 and 51 of the EC Treaty Ð Definition of
worker' Ð Article 4 of Regulation (EEC) No 1408/71 Ð                2. It is for the referring court to determine whether a
Child-raising allowance Ð Definition of family benefit'                  person such as the appellant in the main proceedings
Ð Article 7(2) of Regulation (EEC) No 1612/68 Ð                           comes within the scope ratione personae of Article 48
Definition of social advantage' Ð Requirement of                         of the EC Treaty and of Regulation No 1612/68 or of
      possession of a residence permit or authorisation)                  Regulation No 1408/71.
                        (98/C 234/06)
                                                                     3. Community law precludes a Member State from
               (Language of the case: German)                             requiring nationals of other Member States authorised
                                                                          to reside in its territory to produce a formal residence
                                                                          permit issued by the national authorities in order to
 (Provisional translation; the definitive translation will be             receive a child-raising allowance, whereas that
          published in the European Court Reports)                        Member State's own nationals are only required to be
                                                                          permanently or ordinarily resident in that Member
                                                                          State.
In Case C-85/96: reference to the Court under Article 177
of the EC Treaty from the Bayerisches Landessozialgericht
                                                                     (1) OJ C 145 of 18.5.1996.
(Higher Social Court of Bavaria) (Germany), for a
preliminary ruling in the proceedings pending before that
court between María Martínez Sala and Freistaat Bayern
Ð on the interpretation of Articles 1, 2, 3(1) and 4(1)(h)
of Council 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 and
updated by Council Regulation (EEC) No 2001/83 of                                   JUDGMENT OF THE COURT
2 June 1983 (OJ 1983 L 230 of 13.8.1983, p. 6), as                                           of 12 May 1998
amended by Council Regulation (EEC) No 3427/89 of
30 October 1989 (OJ 1989 L 331 of 13.8.1983, p. 1), and              in Case C-106/96: United Kingdom of Great Britain and
of Article 7(2) of Council Regulation (EEC) No 1612/68               Northern Ireland, supported by Federal Republic of
of 15 October 1968 on freedom of movement for workers                Germany, by Council of the European Union and by
within the Community (OJ, English Special Edition 1968               Kingdom of Denmark, v Commission of the European
(II), p. 475) Ð the Court, composed of: G. C. Rodríguez                Communities, supported by the European Parliament (1)
Iglesias, President, C. Gulmann, H. Ragnemalm and M.
Wathelet (Presidents of Chambers), G. F. Mancini, J. C.              (Community action programme to combat social exclusion
Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,                                   Ð Funding Ð Legal basis)
D. A. O. Edward (Rapporteur), J.-P. Puissochet, G.
                                                                                              (98/C 234/07)
Hirsch, P. Jann and L. Sevón, Judges; A. La Pergola,
Advocate General; H. A. Rühl, Principal Administrator,
for the Registrar, has given a judgment on 12 May 1998,
in which it has ruled:                                                               (Language of the case: English)
1. A benefit such as the child-raising allowance provided
     for by the Bundeserziehungsgeldgesetz, which is                 In Case C-106/96: United Kingdom of Great Britain and
     automatically granted to persons fulfilling certain             Northern Ireland (Agent: John E. Collins, assisted by
     objective criteria, without any individual and                  Derrick Wyatt), supported by Federal Republic of
     discretionary assessment of personal needs, and which           Germany (Agents: Ernst Röder and Bernd Kloke), by
     is intended to meet family expenses, falls within the           Council of the European Union (Agents: Jill Aussant and
     scope ratione materiae of Community law as a family             FeÂlix van Craeyenest) and by Kingdom of Denmark
     benefit within the meaning of Article 4(1)(h) of                (Agents: Peter Biering and Jùrgen Molde) v Commission
     Council Regulation (EEC) No 1408/71 of 14 June                  of the European Communities (Agents: Maria Patakia and
     1971 on the application of social security schemes to           Peter Oliver), supported by the European Parliament
     employed persons, to self-employed persons and to               (Agents: Christian Pennera and Auke Baas) Ð application
     members of their families moving within the                     for annulment of the decision or decisions referred to in
     Community, as amended and updated by Council                    the Commission's press release of 23 January 1996 (IP/96/
     Regulation (EEC) No 2001/83 of 2 June 1983, as                  67) announcing certain grants for European projects