Request for a preliminary ruling from the Augstākā tiesa (Latvia) lodged on 19 December 2016 — DW v Valsts sociālās apdrošināšanas aģentūra

(Case C-651/16)

Language of the case: Latvian

Referring court

Augstākā tiesa

Parties to the main proceedings

Applicant: DW

Defendant: Valsts sociālās apdrošināšanas aģentūra, Rīga.

Question referred

Must Article 4(3) of the Treaty on European Union and Article 45(1) and (2) of the Treaty on the Functioning of the European Union be interpreted as not precluding legislation of a Member State such as that at issue in the main proceedings that, for the purposes of determining the amount of a maternity benefit, does not exclude from the 12-month period which is to be used in determining the average contribution basis the months in which the person worked in an EU institution and was covered by the joint insurance scheme of the European Communities, but that, on the grounds that, during that period, the person was not insured in Latvia, equates her income with the average contribution basis in the State, which may substantially reduce the amount of the maternity benefit granted in comparison with the possible amount of the benefit that the person could have received if, during the period under consideration for the purposes of the calculation, she had not worked for an EU institution but had been employed in Latvia?

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