JUDGMENT OF THE COURT

(Second Chamber)

of 16 September 2004

in Case C-386/02 (reference for a preliminary ruling from the Arbeits- und Sozialgericht Wien): Josef Baldinger v Pensionsversicherungsanstalt der Arbeiter (1)

(Free movement of persons - Compensation for ex-prisoners of war - Requirement to hold the nationality of the Member State concerned at the time of submission of the request for compensation)

(2004/C 273/08)

Language of the case: German

In Case C-386/02: reference for a preliminary ruling under Article 234 EC, from the Arbeits- und Sozialgericht Wien (Austria), made by decision of 22 October 2002, registered at the Court on 28 October 2002, in the proceedings between Josef Baldinger and Pensionsversicherungsanstalt der Arbeiter — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, J.-P. Puissochet, J.N. Cunha Rodrigues (Rapporteur), R. Schintgen and N. Colneric, Judges; D. Ruiz-Jarabo Colomer, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, has given a judgment on 16 September 2004, in which it has ruled:

Article 39(2) EC, Article 4(4) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, and Article 7(2) of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community, must be interpreted as not precluding national legislation which, in circumstances such as those in the main proceedings, refuses to grant an allowance in favour of former prisoners of war on the ground that the applicant did not hold the nationality of the Member State involved when the application was made, but that of another Member State.

(1)   OJ C 7 of 11.1.2003.