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Document 62010CN0612

    Case C-612/10: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 23 December 2010 — Jaroslaw Wawrzyniak v Agentur für Arbeit Mönchengladbach — Familienkasse

    SL C 103, 2.4.2011, p. 11–12 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    23/12/2010
    Date lodged:
    23/12/2010
    Author:
    Sud
    Form:
    Pravosudna informacija
    Authentic language:
    njemački
    Type of procedure:
    Prethodno pitanje
    Link
    Select all documents mentioning this document
    Case affecting:
    • request for interpretation 31971R1408 članak 14 1.A
    Link

    2.4.2011   

    EN

    Official Journal of the European Union

    C 103/11

    Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 23 December 2010 — Jaroslaw Wawrzyniak v Agentur für Arbeit Mönchengladbach — Familienkasse

    (Case C-612/10)

    2011/C 103/20

    Language of the case: German

    Referring court

    Bundesfinanzhof

    Parties to the main proceedings

    Applicant: Jaroslaw Wawrzyniak

    Defendant: Agentur für Arbeit Mönchengladbach — Familienkasse

    Questions referred

    1.

    Must Article 14(1)(a) of Regulation No 1408/71 (1) be interpreted as meaning that it deprives a Member State, which under that provision is not the competent Member State, on whose territory a worker is posted and which is also not the Member State of residence of the worker’s children of the right to grant family benefits to the posted worker at any rate where that worker does not suffer any legal disadvantage as a result of his posting to that Member State?

    2.

    If the answer to the first question is in the negative:

    Must Article 14(1)(a) of Regulation No 1408/71 be interpreted as meaning that under all circumstances a State which is not the competent Member State on whose territory a worker is posted has the right to grant family benefits only where it has been determined that in the other Member State no entitlement to comparable family benefits exists?

    3.

    If the answer to that question is also in the negative:

    Do Community law or European Union law provisions preclude a provision of national law such as the first part of point 2 of Paragraph 65(1) of the EStG in conjunction with Paragraph 65(2) of the EStG which excludes entitlement to family benefits where a comparable benefit is paid outside Germany or would be due if an application to that effect were made?

    4.

    If the answer to that question is in the affirmative:

    How should the overlap thus arising between the entitlement in the competent State which is also the Member State of residence of the children and the entitlement in the State which is neither the competent State nor the State of residence of the children be resolved?

    (1)  Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ, English Special Edition 1971 (II), p. 416).

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