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Case C-388/09: Reference for a preliminary ruling from the Bundessozialgericht lodged on 2 October 2009 — Joao Filipe da Silva Martins v Bank Betriebskrankenkasse — Pflegekasse
ECLI:EU:UNKNOWN:62009CN0388
62009CN0388
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Valentina R., lawyer
19.12.2009
Official Journal of the European Union
C 312/19
(Case C-388/09)
2009/C 312/31
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Joao Filipe da Silva Martins
Defendant: Bank Betriebskrankenkasse — Pflegekasse
Question referred
Is it compatible with the primary and/or secondary law of the European Community on freedom of movement and social security for migrant workers (in particular Articles 39 and 42 EC and Articles 27 and 28 of Regulation (EEC) No 1408/71 (1)) for a former worker who receives pensions from both his former State of employment and his home State and acquired an entitlement to care allowance in his former State of employment because he is reliant on care to forfeit the entitlement to care allowance after returning to his home State?
(1) OJ L 149, 5.7.1971, p. 2
Language of the case: German