Reference for a preliminary ruling from the Bundessozialgericht (Germany) lodged on 4 August 2008 — Christian Grimme v Deutsche Angestellten Krankenkasse

(Case C-351/08)

(2008/C 272/19)

Language of the case: German

Referring court

Bundessozialgericht

Parties to the main proceedings

Applicant: Christian Grimme

Defendant: Deutsche Angestellten Krankenkasse

Question referred

Are the provisions of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (OJ 2002 L 114, p. 6) (1), in particular Articles 1, 5, 7 and 16 thereof and Articles 12, 17, 18 and 19 of Annex I thereto, to be interpreted as meaning that they preclude a rule which obliges a member of a managing board of a company limited by shares governed by Swiss law who is employed in Germany to be insured in the German statutory pension insurance scheme, whereas members of managing boards of companies limited by shares governed by German law are exempt from that obligation?

(1)  OJ 2002 L 114, p. 6.