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Document 62009CN0516

Case C-516/09: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 11 December 2009 — Tanja Borger v Tiroler Gebietskrankenkasse

OJ C 63, 13.3.2010, p. 25–25 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

13.3.2010   

EN

Official Journal of the European Union

C 63/25

Reference for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 11 December 2009 — Tanja Borger v Tiroler Gebietskrankenkasse

(Case C-516/09)

2010/C 63/41

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Claimant: Tanja Borger

Defendant: Tiroler Gebietskrankenkasse

Questions referred

1.

Is Article 1(a) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (1) to be interpreted as meaning that it also covers — for a period of six months — a person who, following the end of the two-year statutory suspension of her employment relationship following the birth of a child, agrees a further six-month period of unpaid leave with her employer in order to draw childcare allowance or a corresponding compensatory benefit for the maximum statutory period, and then terminates the employment relationship?

2.

If Question 1 is answered in the negative:

Is Article 1(a) of Regulation (EEC) No 1408/71 to be interpreted as meaning that it also covers — for a period of six months — a person who, following the end of the two-year statutory suspension of her employment relationship, agrees a further six-month period of unpaid leave with her employer, if she draws childcare allowance or a corresponding compensatory benefit during that period?

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

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