Reference for a preliminary ruling from the Tribunal Superior de Justicia de Galicia lodged on 20 February 2007 — Rosa Méndez López v Instituto Nacional de Empleo (INEM); Instituto Nacional de la Seguridad Social (INSS)

(Case C-97/07)

(2007/C 95/44)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Galicia

Parties to the main proceedings

Applicant: Rosa Méndez López

Defendants: Instituto Nacional de Empleo (INEM); Instituto Nacional de la Seguridad Social (INSS)

Question referred

Should one interpret the expression ‘shall receive benefits in accordance with the legislation of that State as if he had last been employed there ’contained in Article 71 of Council Regulation (EEC) 1408/71 (1) of 14 June 1971, on the application of social security schemes to employed persons, self employed persons and members of their families moving within the Community, be interpreted as meaning that the requirement set out within Article 215.1 of the Ley General de la Seguridad Social of ‘having exhausted entitlement to contributory unemployment benefit ’for the purposes of entitlement to Spanish benefits of non-contributory unemployment allowances, is be understood to have been fulfilled if a German contributory unemployment benefit has been exhausted, even if the recipient has never paid contributions in Spain?

(1)  OJ 2001 L 149, p 2.