16.3.2015

Official Journal of the European Union

C 89/10

(Case C-608/14)

(2015/C 089/11)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicant: Elena Delia Pondiche

Defendants: The Romanian State and Consiliul Naţional pentru Combaterea Discriminării

Questions referred

1.May social protection, the rights of the child and the principles of equal treatment and non-discrimination as guaranteed in EU law by Article 6 of the Treaty on European Union, Articles 20, 21(1), 24(1) and (2), 34 and 52 of the Charter of Fundamental Rights of the European Union and Articles 3(1)(b) and 4 of Regulation (EC) No 883/2004 on the coordination of social security systems be interpreted as precluding certain provisions of national law which limit, with no objective and reasonable justification, the amount of the child maintenance allowance on the basis of the date of birth of the child rather than the date of conception, even though that child, if born alive and viable, can be considered to have existed from that date?

2.Does Ordonanță de Urgență a Guvernului No 111/2010 introduce a measure discriminating between people who are in identical situations, that is to say, between children conceived and born before 31 December 2010 and children conceived before 31 December 2010 and born after that date?

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland) (OJ 2004 L 166, p. 1).