Reference for a preliminary ruling from the Oberlandesgericht Innsbruck lodged on 13 December 2006 — Malina Klöppel v Tiroler Gebietskrankenkasse

(Case C-507/06)

(2007/C 56/25)

Language of the case: German

Referring court

Oberlandesgericht Innsbruck

Parties to the main proceedings

Applicant: Malina Klöppel

Defendant: Tiroler Gebietskrankenkasse

Question(s) referred

Must Article 72 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self employed persons and to members of their families moving within the Community (1) (OJ, English special edition: Series I Chapter 1971(II) p. 416) in the version amended and brought up to date by Regulation (EC) No 1386/2001 of the European Parliament and of the Council of 5 June 2001 (2) (OJ 2001 L 187, p. 1) in conjunction with Article 3 of that regulation and Article 10a of Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 (3) (OJ, English special edition: Series I Chapter 1972(I) p. 0159) in the version amended and brought up to date by Commission Regulation (EC) No 410/2002 of 27 February 2002 (4) (OJ 2002 L 62, p. 17) be interpreted to the effect that periods of drawing family benefits in one Member State (in this case the national child-raising allowance in the Federal Republic of Germany) must be treated equally in relation to the entitlement to draw a comparable benefit in another Member State (in this case child-care allowance in Austria) and accordingly must be characterised as domestic periods of drawing for the purposes of entitlement in a second Member State if during those periods of drawing both parents should be regarded as employed persons under Article 1(a)(i) of Regulation No 1408/71?

(1)  ABl. L 149, S. 2.

(2)  ABl. L 187, S. 11.

(3)  ABl. L 74, S. 1.

(4)  ABl. L 62, S. 17.