17.4.2004

Official Journal of the European Union

C 94/31

Reference for a preliminary ruling by the Sala de lo Social del Tribunal Superior de Justicia de Galicia by order of that Court of 19 January 2004 in the case of Divina Cortiñas Yáñez against Instituto Nacional de la Seguridad Social and Tesorería General de la Seguridad Social

(Case C-108/04)

(2004/C 94/71)

Reference has been made to the Court of Justice of the European Communities by order of the Sala de lo Social del Tribunal Superior de Justicia de Galicia (High Court of Justice, Galicia, Social Division) of 19 January 2004, received at the Court Registry on 1 March 2004, for a preliminary ruling in the case of Divina Cortiñas Yáñez against Instituto Nacional de la Seguridad Social and Tesorería General de la Seguridad Social on the following questions:

Is it contrary to the provisions of Directive 79/7/EEC (1) of 19 December 1978, and in particular Article 4 thereof, for a provision of national law to require in order to join a special social security scheme for agricultural workers, in addition to fulfilling the general conditions, that where the worker is married the income derived from the activities covered by that scheme should be that couple's main source of income, in that it is the most substantial?

Is it contrary to the provisions of Directive 79/7/EEC of 19 December of 1978, and in particular Article 4 thereof, for a provision of national law to require that for the spouse of an agricultural worker to join another social security scheme the worker must prove that the income derived from the activity covered by the Agricultural Workers' Special Social Security Scheme is greater than that of his or her spouse, so that, if it is not so proven, there is a presumption that that income is less?

(1) OJ L 6 of 10.01.1979, p. 24.