Judgment of the Court (Second Chamber) of 16 February 2006 (reference for a preliminary ruling from the Regeringsrätten) — Amy Rockler v Försäkringskassan, formerly Riksförsäkringsverket

(Case C-137/04) (1)

(Freedom of movement for workers - Officials and servants of the European Communities - Parental benefits - Taking into account of the period of affiliation to the Joint Sickness Insurance Scheme of the European Communities)

(2006/C 131/17)

Language of the case: Swedish

Referring court

Regeringsrätten

Parties to the main proceedings

Applicant: Amy Rockler

Defendant: Försäkringskassan, formerly Riksförsäkringsverket

Re:

Reference for a preliminary ruling — Regeringsrätten — Interpretation of Article 39 EC — Right to parental benefit (‘föräldrapenning’) — No account taken of period of cover by the Joint Sickness Insurance Scheme provided for by the Staff Regulations of Officials of the European Communities

Operative part of the judgment

Article 48 of the EC Treaty (now, after amendment, Article 39 EC) is to be interpreted as meaning that, where national legislation such as that at issue in the main proceedings applies, the period during which a worker was affiliated to the Joint Sickness Insurance Scheme of the European Communities must be taken into account.

(1)  OJ C 106, 30.04.2004.