7.7.2012   

EN

Official Journal of the European Union

C 200/6

1.

Does a benefit such as that set out in the Law of 21 December 2007 on the Child Bonus constitute a family benefit within the meaning of Article 1(u)(i) and Article 4(1)(h) of 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) as amended and updated by Council Regulation (EEC) No 118/97 of 2 December 1996? (2)

2.

If the reply to the first question is in the negative, do Articles 18 and 45 of the Treaty on the Functioning of the European Union (formerly Article 12 and Article 39 of the Treaty establishing the European Community), Article 7 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (3) or Article 3 of Regulation (EEC) No 1408/71 preclude a national regulation such as the one at issue in the main proceedings, under which the granting of a benefit such as that set out in the Law of 21 December 2007 on the Child Bonus, to workers who carry out their professional activity in the territory of the Member State concerned and who reside with members of their family in the territory of another Member State, is suspended up to the amount of the family benefits provided for the members of their family by the legislation of the Member State of residence, the national regulation requiring the application, to the benefit at issue, of the rules concerning non-cumulation of family benefits set out in Article 76 of Regulation (EEC) No 1408/71 and Article 10 of Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 (4) as amended and updated by Regulation No 118/97?