Official Journal of the European Union

C 172/14

Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 20 February 2019 — Pensionsversicherungsanstalt v CW

(Case C-135/19)

(2019/C 172/17)

Language of the case: German

Referring court

Parties to the main proceedings

Appellant on a point of law: Pensionsversicherungsanstalt

Respondent in the appeal on a point of law: CW

Questions referred

1.Pursuant to the provisions of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (1) is the Austrian rehabilitation allowance to be regarded

—as a sickness benefit pursuant to Article 3(1)(a) of the regulation, or

—as an invalidity benefit pursuant to Article 3(1)(c) of the regulation, or

—as an unemployment benefit pursuant to Article 3(1)(h) of the regulation?

2.In the light of primary law, is Regulation (EC) No 883/2004 to be interpreted as meaning that, as the former State of residence and State of employment, a Member State is obliged to pay benefits such as the Austrian rehabilitation allowance to a person who is resident in another Member State if that person completed the majority of the periods of insurance from the sickness and pension branches as an employee in that other Member State (after the transfer of residence to that country years previously) and has not since then received benefits from the health and pension insurance scheme of the former State of residence and employment?

(1) OJ 2004 L 166, p. 1.