Keywords
Summary

Keywords

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1. Preliminary rulings - Jurisdiction of the Court - Limits - Manifestly irrelevant question

(EEC Treaty, Article 177)

2. Social security for migrant workers - Community rules - Interpretation in the light of the Treaty objectives - Family benefits within the meaning of Regulation 1408/71 confined to child benefit - Refusal to grant to a person entitled to an old-age pension under Article 45 of Regulation 1408/71 a dependent-spouse allowance available under the national system of family allowances - Loss of a social security benefit available under national legislation - Not permissible

(EEC Treaty, Arts 48 to 51; Council Regulation No 1408/71, Arts 45 and 77 to 79)

Summary

1. A request from a national court for a preliminary ruling may be rejected only if it is quite obvious that the interpretation of Community law or the examination of the validity of a rule of Community law sought by that court bears no relation to the actual nature of the case or to the subject matter of the main action.

2. The fact that a migrant worker receives a pension as a result of the application of the provisions of Article 45 of Regulation No 1408/71 on the taking into account of periods of insurance or residence completed under the legislation of several Member States, and not by virtue of national legislation alone, cannot, without jeopardizing the attainment of the objectives set out in Articles 48 to 51 of the Treaty, prevent him from receiving allowances available to pensioners under national law.

Consequently, Articles 77 to 79 of Regulation No 1408/71, which cover only benefits for dependent children of pensioners and for orphans, cannot be interpreted as precluding a Member State' s legislation which provides for family allowances for a pensioner' s dependent spouse from applying to a person in receipt of an old-age pension under that Regulation.