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Case C-403/13: Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 16 July 2013 — Lisa Kelly v Minister for Social Protection
ECLI:EU:UNKNOWN:62013CN0403
62013CN0403
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Valentina R., lawyer
21.9.2013
Official Journal of the European Union
C 274/14
(Case C-403/13)
2013/C 274/24
Language of the case: English
Referring court
Parties to the main proceedings
Applicant: Lisa Kelly
Defendant: Minister for Social Protection
Questions referred
1.Where an employee resident in Member State A and who has been in insurable employment in that State for just short of three years spends the last six months of her insurable employment in Member State B, should that person’s subsequent claim for social security payments on account of illness be governed by (i) the law of Member State B for the purposes of Article 11(3)(a) of Regulation 883/2004/EC? or, (ii) by the law of the Member State A where she is resident for the purposes of Article 11(3)(e)?
2.Is it relevant to a consideration of Question 1 that if the law of Member State B is held to be the governing law, then the employee in question is ineligible for any social security payments, whereas this would not be the case if the law of the Member State where she is resident (Member State A) were held to apply?
(1) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems
OJ L 166, p. 1