Language of document :

Notice for the OJ

 

Reference for a preliminary ruling by the Oberlandesgericht Innsbruck by order of that Court of 16 December 2003 in the case of 1) Christine Dodl, 2) Petra Oberhollenzer against Tiroler Gebietskrankenkasse

(Case C-543/03)

Reference has been made to the Court of Justice of the European Communities by order of the Oberlandesgericht Innsbruck (Higher Regional Court Innsbruck) of 16 December 2003, received at the Court Registry on 29 December 2003, for a preliminary ruling in the case of 1) Christine Dodl, 2) Petra Oberhollenzer against Tiroler Gebietskrankenkasse on the following questions:

1)     Is Article 73 of Regulation (EEC) No 1408/71 of the Council of 14 June 19711 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in conjunction with Article 13 of that regulation, as amended, to be interpreted as extending even to employed persons whose employment relationships are still in existence but do not involve any duty to carry out work or pay remuneration (unpaid leave) or any social security obligations under national law?

2)     If the answer to the first question should be in the affirmative:

    Is the State of the place of employment responsible for the benefit payment in such a case even if the employed person and those members of his or her family for whom family benefit such as Austrian "Kinderbetreuungsgeld" (child-care allowance) might be payable have not lived in the State of the place of employment, particularly during the period of unpaid leave?

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1 - English special edition: Series I Chapter 1971(II) P. 0416