Community law does not preclude a Member State from making continued entitlement to certain benefits, in this case Swedish parental benefit, subject to a requirement that the person concerned reside in its territory, when that person has entirely ceased to work there.

Mrs Kuusijärvi, a Finnish national residing in Sweden, worked in that country for almost a year and then drew unemployment benefit. Under the Swedish legislation relating to the general social security scheme she received parental benefit (föräldrapenning) when her child was born. In 1994 Mrs Kuusijärvi moved to Finland. At the same time she requested the Swedish social insurance office to continue to pay her parental benefit after she had transferred her residence to Finland. The general social insurance office for Norrbotten County rejected her application on the ground that she had been removed from its register when she left Sweden to establish her residence in Finland.

Mrs Kuusijärvi brought proceedings against the decision terminating her entitlement to the benefit in question after her move. Following the dismissal of her action before the Länsrätt i Norrbottens län (Administrative Court, Norrbotten), Mrs Kussijärvi lodged an appeal with the Kammarrätt (Court of Appeal) in Sundsvall, which decided to stay proceedings and to refer certain questions to the Court for a preliminary ruling on the applicable Community law, in particular on the interpretation of Regulation No 1408/71 in relation to the Swedish residence requirement for entitlement to parental benefit.

In its judgment the Court stated that a person in Mrs Kuusijärvi's situation ranks among the persons covered by the Community legislation relating to the application of social security schemes to workers moving within the Community.

The Court held that the parental benefit at issue was a "family benefit" within the meaning of the Community legislation.

However, the Court interpreted the Community legislation as not precluding a Member State from providing that a person who has entirely ceased working in its territory loses the right to continued payment of family benefits on the ground that she has transferred her residence to another Member State.

Solely for media use - unofficial document not binding on the Court of Justice

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To obtain a copy of the judgment, please consult our Internet site www.curia.eu.int at around 15 00 h today. For further information please contact Mr T. Kennedy, tel. (352) 4303 3355.