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8.9.2007 |
EN |
Official Journal of the European Union |
C 211/4 |
Judgment of the Court (Grand Chamber) of 18 July 2007 (reference for a preliminary ruling from the Bundessozialgericht, Germany) — Gertraud Hartmann v Freistaat Bayern
(Case C-212/05) (1)
(Frontier worker - Regulation (EEC) No 1612/68 - Transfer of residence to another Member State - Non-working spouse - Child-raising allowance - Not granted to spouse - Social advantage - Residence condition)
(2007/C 211/05)
Language of the case: German
Referring court
Bundessozialgericht
Parties to the main proceedings
Applicant: Gertraud Hartmann
Defendant: Freistaat Bayern
Re:
Reference for a preliminary ruling — Bundessozialgericht — Interpretation of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968(II), p. 475) — Concept of worker — German official having transferred his permanent residence to Austria while continuing to work in Germany — Refusal to grant child-raising allowance (Erziehungsgeld) to his spouse of Austrian nationality resident in Austria and not working in Germany — Social advantage
Operative part of the judgment
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1) |
A national of a Member State who, while maintaining his employment in that State, has transferred his residence to another Member State and has since then carried on his occupation as a frontier worker can claim the status of migrant worker for the purposes of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community. |
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2) |
In circumstances such as those at issue in the main proceedings, Article 7(2) of Regulation No 1612/68 precludes the spouse of a migrant worker carrying on an occupation in one Member State, who does not work and is resident in another Member State, from being refused a social advantage with the characteristics of German child-raising allowance on the ground that he did not have his permanent or ordinary residence in the former State. |