18.3.2019

Official Journal of the European Union

C 103/15

(Case C-29/19)

(2019/C 103/15)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: ZP

Defendant: Bundesagentur für Arbeit

Questions referred

1.Is Article 62(1), in conjunction with Article 62(2), of Regulation (EC) No 883/2004 (1) to be interpreted as meaning that, when a worker becomes unemployed, the competent institution of the Member State of residence must base the calculation of the benefits on the ‘salary’ that the person concerned ‘received’ in respect of his/her last activity as an employed person in the territory of that institution even in the case where, under the national legislation on unemployment benefits administered by the competent institution, that salary cannot be taken into account due to insufficient duration of receipt and a notional assessment of the benefits is provided for as an alternative?

2.Is Article 62(1), in conjunction with Article 62(2), of Regulation (EC) No 883/2004 to be interpreted as meaning that, when a worker becomes unemployed, the competent institution of the Member State of residence must base the calculation of the benefits on the ‘salary’ that the person concerned ‘received’ in respect of his/her last activity as an employed person in the territory of that institution even in the case where, under the national legislation administered by the competent institution, that salary may not be included as a basis for calculating the benefits in the reference period because it was not processed timeously and a notional assessment of the benefit is provided for as an alternative?

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 2004 L 166, p. 1).