Reference for a preliminary ruling from the Bundessozialgericht by order of that court of 5 July 2005 in Aldo Celozzi v Innungskrankenkasse Baden-Württemberg

(Case C-332/05)

(2005/C 281/15)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Bundessozialgericht of 5 July 2005, received at the Court Registry on 12 September 2005, for a preliminary ruling in the proceedings between Aldo Celozzi and Innungskrankenkasse Baden-Württemberg on the following question:

Is it compatible with the primary and/or secondary law of the European Community (in particular Article 39 EC (formerly Article 48 of the EC Treaty), Articles 3(1) and 23(3) of Regulation (EEC) No 1408/71, and Article 7(2) of Regulation (EEC) No 1612/68) (1) for a married migrant worker employed in Germany, whose spouse resides in another Member State, to receive sick pay always linked to net remuneration established on the basis of the wage tax class stated on his wage tax card without account being taken of a subsequent retroactive amendment, which is favourable to him, of the tax classification relating to his marital status?

(1)  OJ L 257 p. 2.