Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY BENEFITS - COMMUNITY RULES AGAINST OVERLAPPING - APPLICATION - CONDITIONS

( REGULATIONS OF THE COUNCIL NOS 574/72 , ART . 10 ( 1 ) ( A ), AND 1408/71 , ART . 73 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY BENEFITS - COMMUNITY RULES AGAINST OVERLAPPING - PURPOSIVE INTERPRETATION - APPLICATION TO THE DIVORCED SPOUSE

( REGULATIONS OF THE COUNCIL NOS 574/72 , SECOND SENTENCE OF ART . 10 ( 1 ) ( A ), AND 1408/71 , ART . 76 )

3 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

Summary

1 . THE PROVISION FOR SUSPENSION CON- TAINED IN THE FIRST SENTENCE OF ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 OF THE COUNCIL OF 21 MARCH 1972 MUST BE INTERPRETED AS MEANING THAT IT APPLIES WHENEVER THE INSTITUTION OF ANOTHER MEMBER STATE HAS IN FACT GRANTED FAMILY BENEFITS TO A WORKER IN RESPECT OF THE SAME CHILD , IN PURSUANCE OF ARTICLE 73 OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 , WITHOUT ITS BEING NECESSARY TO EXAMINE WHETHER ALL THE CONDITIONS FOR THE GRANTING OF THOSE BENEFITS ARE SATISFIED UNDER THE LEGISLATION OF THAT OTHER MEMBER STATE .

2 . THE SECOND SENTENCE OF ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 , LIKE ARTICLE 76 OF REGULATION NO 1408/71 , SEEKS TO GIVE PRIORITY , IN A CASE OF OVERLAPPING FAMILY BENEFITS , TO THE BENEFITS OF THE MEMBER STATE IN THE TERRITORY OF WHICH THE CHILDREN RESIDE AND IN WHICH ONE OF THE RECIPIENTS IN QUESTION PURSUES A PROFESSIONAL OR TRADE ACTIVITY . THE PROBLEM OF OVERLAPPING BENEFITS WHICH THE PROVISION IN QUESTION IS INTENDED TO RESOLVE IS NOT TO BE ANSWERED DIFFERENTLY ACCORDING TO WHETHER OR NOT THE MARRIAGE BOND STILL EXISTS BETWEEN THE TWO PARENTS WHO MIGHT , DEPENDING ON THE CASE , BE ENTITLED TO BENEFITS IN RESPECT OF THE SAME CHILD . IN VIEW OF THE PURPOSE OF THAT PROVISION , IT SHOULD NOT BE INTERPRETED IN A RESTRICTIVE MANNER BUT AS MEANING THAT IT APPLIES TO A DIVORCED SPOUSE .

3 . THE TASK ASSIGNED TO THE COURT BY ARTICLE 177 OF THE EEC TREATY IS NOT THAT OF DELIVERING OPINIONS ON GENERAL OR HYPOTHETICAL QUESTIONS BUT OF ASSISTING IN THE ADMINISTRATION OF JUSTICE IN THE MEMBER STATES .