Judgment of the Court (Grand Chamber) of 18 July 2007 (reference for a preliminary ruling from the Bundessozialgericht, Germany) — Wendy Geven v Land Nordrhein-Westfalen

(Case C-213/05) (1)

(Frontier worker - Regulation (EEC) No 1612/68 - Child-raising allowance - Not granted - Social advantage - Residence condition)

(2007/C 211/06)

Language of the case: German

Referring court

Bundessozialgericht

Parties to the main proceedings

Applicant: Wendy Geven

Defendant: Land Nordrhein-Westfalen

Re:

Reference for a preliminary ruling — Bundessozialgericht — Interpretation of Article 7(2) 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) — Social advantage — National legislation under which the grant of child-raising allowance (Erziehungsgeld) to persons who do not have their residence or habitual place of stay in national territory is conditional on exceeding the minor employment threshold (Geringfügigkeitsgrenze) of 15 hours a week

Operative part of the judgment

Article 7(2) of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community does not preclude the exclusion, by the national legislation of a Member State, of a national of another Member State who resides in that State and is in minor employment (between 3 and 14 hours a week) in the former State from receiving a social advantage with the characteristics of German child-raising allowance on the ground that he does not have his permanent or ordinary residence in the former State.

(1)  OJ C 193, 6.8.2005.