Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62009CN0016

    Case C-16/09: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 15 January 2009 — Gudrun Schwemmer v Agentur für Arbeit Villingen-Schwenningen — Familienkasse

    SL C 90, 18.4.2009, p. 7–8 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    18.4.2009   

    EN

    Official Journal of the European Union

    C 90/7

    Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 15 January 2009 — Gudrun Schwemmer v Agentur für Arbeit Villingen-Schwenningen — Familienkasse

    (Case C-16/09)

    2009/C 90/11

    Language of the case: German

    Referring court

    Bundesfinanzhof

    Parties to the main proceedings

    Appellant: Gudrun Schwemmer

    Respondent: Agentur für Arbeit Villingen-Schwenningen — Familienkasse

    Questions referred

    1.

    Is the rule in Article 76(2) of Regulation (EEC) No 1408/71 of the Council 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) to be applied mutatis mutandis to Article 10(a) of Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 (2) in cases where the parent with a right to claim does not apply for the family benefits to which he is entitled in the country of employment?

    2.

    In the event that Article 76(2) of Regulation No 1408/71 is to be applied mutatis mutandis: on the basis of which discretionary considerations may the institution competent for family benefits in the country of residence apply Article 10(a) of Regulation No 574/72 as if benefits had been granted in the country of employment? May the discretion to assume that family benefits have been received in the country of employment be restricted where the person entitled intentionally does not apply for the family benefits to which he is entitled in the country of employment in order to cause detriment to the person entitled to child benefit in the country of residence?

    (1)  OJ English Special Edition 1971(II), p. 416.

    (2)  OJ English Special Edition 1972(I), p. 159.

    Top