Official Journal of the European Union

C 285/22

(Case C-363/08)

(2008/C 285/35)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Romana Slanina

Defendant: Unabhängiger Finanzsenat Außenstelle Wien

Questions referred

1.Does it follow from Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (the regulation) that the divorced wife, who is not in employment, of a man who lives in Austria, and who is not self-employed, maintains her right to family allowance (in respect of a child) vis-à-vis Austria, if she establishes a permanent residence in another Member State and centres her life there, and if she continues not to be in employment there?

2.Is it relevant to the answer to question 1 that Austria, where the divorced man remains and where he is exclusively resident and employed, grants him under certain conditions the right to family allowances (in respect of the child), if the divorced wife's right no longer exists?

3.Does the regulation give the divorced wife a right to family allowances (in respect of the child) vis-à-vis Austria, where the divorced man and father of the child is resident and employed, if the circumstances as described in question 1 change so that the wife takes up employment in the new Member State?

(1) OJ 1971 L 149, p. 2.