Reference for a preliminary ruling from the Sozialgericht Berlin by judgments of that court of 27 September 2005 in Doris Habelt (C-396/05) and Martha Möser (C-419/05) v Deutsche Rentenversicherung Bund

(Case C-396/05 and C-419/05)

(2006/C 22/11)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by judgments of the Sozialgericht Berlin of 27 September 2005, received at the Court Registry on 14 and 28 November 2005, for a preliminary ruling in the proceedings between Doris Habelt (C-396/05) and Martha Möser (C-419/05) and Deutsche Rentenversicherung Bund on the following question:

Is the provision in Annex VI. D. (formerly C.) Germany No 1 to Regulation (EEC) No 1408/71 (1) on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (Regulation 1408/71) compatible with higher-ranking European law, particularly the principle of freedom of movement — in this case, the principle of the exportability of benefits under Article 42 of the Treaty establishing the European Community (EC) — inasmuch as it rules out also pension benefits in respect of contribution periods completed in the territory of the former German Reich?

(1)  OJ, English Special Edition, 1971 (II), p. 416.