Request for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 24 February 2026 – Pensionsversicherungsanstalt v RT

(Case C-124/26, Pensionsversicherungsanstalt)

(C/2026/2875)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Appellant: Pensionsversicherungsanstalt

Respondent: RT

Question referred

Do Article 5(b) and Article 7 of Regulation (EC) No 883/2004 (1) preclude the application of a provision of national law, such as Paragraph 21h of the BPGG (2), which makes the entitlement of an individual pursuing an activity as an employed person in Austria but residing in Germany with the child in need of care and the child’s father, who is employed in Germany, to payment of a cash benefit for the care of that child conditional upon the person in need of care being entitled to a care allowance under Austrian law, which in turn requires the person in need of care to be habitually resident in Austria?

(1)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).

(2)  Bundespflegegeldgesetz (Austrian Federal Law on care allowance).