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6.8.2005 |
EN |
Official Journal of the European Union |
C 193/9 |
Reference for a preliminary ruling from the Bundessozialgericht by order of that court of 10 February 2005 in Gertraud Hartmann v Freistaat Bayern
(Case C-212/05)
(2005/C 193/15)
Language of the case: German
Reference has been made to the Court of Justice of the European Communities by order of the Bundessozialgericht of 10 February 2005, received at the Court Registry on 17 May 2005, for a preliminary ruling in the proceedings between Gertraud Hartmann and Freistaat Bayern on the following questions:
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(a) |
Is a German national who, while continuing his employment relationship as a post office official in Germany, moved his permanent residence from Germany to Austria in 1990 and has since then carried on his occupation as a frontier worker to be regarded as a migrant worker within the meaning of Regulation (EEC) No 1612/68 (1) of the Council on freedom of movement for workers within the Community (‘Regulation No 1612/68’) for periods between January 1994 and September 1998? |
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(b) |
If so: Does it constitute indirect discrimination within the meaning of Article 7(2) of Regulation No 1612/68 if the non-working spouse of the person mentioned in (a), who lives in Austria and is an Austrian national, was excluded from receiving German child-raising allowance in the period in question because she did not have either her permanent residence or her habitual place of stay in Germany? |
(1) OJ, English Special Edition, 1968 /II), p. 475.