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Document 62011CN0538
Case C-538/11: Reference for a preliminary ruling from the Landesgericht Salzburg (Austria) as Employment and Social Court lodged on 21 October 2011 — Hermine Sax v Pensionsversicherungsanstalt, Landesstelle Salzburg
Case C-538/11: Reference for a preliminary ruling from the Landesgericht Salzburg (Austria) as Employment and Social Court lodged on 21 October 2011 — Hermine Sax v Pensionsversicherungsanstalt, Landesstelle Salzburg
Case C-538/11: Reference for a preliminary ruling from the Landesgericht Salzburg (Austria) as Employment and Social Court lodged on 21 October 2011 — Hermine Sax v Pensionsversicherungsanstalt, Landesstelle Salzburg
OJ C 25, 28.1.2012, p. 30–30
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
28.1.2012 |
EN |
Official Journal of the European Union |
C 25/30 |
Reference for a preliminary ruling from the Landesgericht Salzburg (Austria) as Employment and Social Court lodged on 21 October 2011 — Hermine Sax v Pensionsversicherungsanstalt, Landesstelle Salzburg
(Case C-538/11)
(2012/C 25/52)
Language of the case: German
Referring court
Landesgericht Salzburg
Parties to the main proceedings
Applicant: Hermine Sax
Defendant: Pensionsversicherungsanstalt Landesstelle Salzburg
Questions referred
1. |
Are Regulation (EC) No 883/2004, in particular Article 7 and Title III, Chapter 1 (Sickness benefits), and Regulation (EC) No 987/2009 to be interpreted as meaning that a person needing long-term care who is receiving an Austrian pension may demand the payment of care allowance under the Bundespflegegeldgesetz (Federal Law on care allowance, BPGG) as a sickness benefit in cash, irrespective of her main residence in Germany, if she meets the other requirements for entitlement under the BPGG and do those regulations thus preclude the application of the national provision in Paragraph 3 BPGG? |
2. |
If the reply to the first question is in the affirmative: Are Regulation (EC) No 883/2004, in particular Articles 10 and 11(3)(e), and also Articles 21, 29 and 34 and/or Title III, Chapter 1 (Sickness benefits), and Regulation (EC) No 987/2009 to be interpreted as meaning that a person needing long-term care who is receiving a double pension, to be exact, an Austrian pension and a German pension, may demand the payment of care allowance under the BPGG as a sickness benefit in cash, irrespective of her main residence in Germany, if she meets the other requirements for entitlement under the BPGG and do those regulations thus preclude the application of the national provision in Paragraph 3 BPGG? |
3. |
If the reply to the second question is in the affirmative: How are Regulation (EC) No 883/2004, in particular Articles 10 and 34, and Article 31, and Regulation (EC) No 987/2009 to be interpreted where there are concurrent benefits, with set-off, from the social security system for covering the risk of need for long-term care, that is to say, in the present case, entitlement to a combination benefit of German care allowance (choice between benefit in kind and cash benefit) and entitlement to Austrian care allowance, more specifically:
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