Judgment of the Court (Second Chamber) of 21 February 2008 (reference for a preliminary ruling from the Oberlandesgericht Innsbruck) — Malina Klöppel v Tiroler Gebietskrankenkasse

(Case C-507/06) (1)

(Entitlement to childcare allowance in Austria - Periods of drawing family benefits in another Member State not taken into account - Regulation (EEC) No 1408/71)

(2008/C 92/12)

Language of the case: German

Referring court

Oberlandesgericht Innsbruck

Parties to the main proceedings

Appellant: Malina Klöppel

Respondent: Tiroler Gebietskrankenkasse

Re:

Reference for a Preliminary ruling — Oberlandesgericht Innsbruck — Interpretation of 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 (OJ 1971 L 149, p. 2) as amended by Regulation (EC) No 1386/2001 of the European Parliament and of the Council of 5 June 2001 (OJ 2001 L 187, p. 1), and Article as well as of Article 10(2)(a) of Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ 1972 L 74, p. 1), as amended by Commission Regulation (EC) No 410/2002 of 27 February 2002 (OJ 2002 L 62, p. 17) — Childcare allowance — Possibility of extending the period of granting from 30 months to 36 months where care of the child is transferred and allowance granted to other parent — Account not taken of periods, completed jointly by the father and the mother, of granting of a similar allowance paid to the other parent in another Member State

Operative part of the judgment

Article 3(1) 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, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended in turn by Regulation (EC) No 1386/2001 of the European Parliament and of the Council of 5 June 2001, precludes a Member State from refusing to take into account, for the purposes of granting a family benefit such as the Austrian childcare allowance, the period during which a comparable benefit was drawn in another Member State as if that period had been completed in its own territory.

(1)  OJ C 56, 10.3.2007.