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Judgment of the Court of 22 February 1990. # Antonio Gatto v Bundesanstalt für Arbeit. # Reference for a preliminary ruling: Bundessozialgericht - Germany. # Social security - Entitlement to family benefits where the national law of the country of employment requires the conditions laid down to be fulfilled within its territory. # Case C-12/89.
ECLI:EU:C:1990:89
61989CJ0012
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Avis juridique important
61989J0012
European Court reports 1990 Page I-00557 Pub.RJ Page Pub somm
Summary
Summary
Parties
In Case C-12/89
REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundessozialgericht for a preliminary ruling in the proceedings pending before that court between
Antonio Gatto, residing in Radolfzell ( Federal Republic of Germany ),
and
Bundesanstalt fuer Arbeit ( Federal Employment Office ), Nuremberg ( Federal Republic of Germany ),
on the interpretation of Article 74(1 ) of Regulation ( EEC ) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, as amended and updated by Council Regulation ( EEC ) No 2001/83 of 2 June 1983 ( Official Journal 1983, L 230, p . 6, Annex I ),
composed of : O . Due, President, F . A . Schockweiler and M . Zuleeg ( Presidents of Chambers ), T . Koopmans, G . F . Mancini, J . C . Moitinho de Almeida and G . C . Rodríguez Iglesias, Judges,
ruling on a question referred to it by the Bundessozialgericht by order of 22 November 1988, hereby rules :
Operative part
Article 74 of Regulation ( EEC ) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community must be interpreted as meaning that where the legislation of a Member State which provides certain family benefits requires, as a condition for the grant of those benefits, that a member of the worker' s family must be registered as unemployed with the employment office for the territory in which that legislation applies, that condition must be considered to be fulfilled where the family member is registered as unemployed with the employment office of the Member State in which he resides.