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Case C-247/09: Reference for a preliminary ruling from the Finanzgericht Baden-Württemberg (Germany), lodged on 7 July 2009 — Alketa Xhymshiti v Bundesagentur für Arbeit — Familienkasse Lörrach
ECLI:EU:UNKNOWN:62009CN0247
62009CN0247
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Valentina R., lawyer
26.9.2009
Official Journal of the European Union
C 233/5
(Case C-247/09)
2009/C 233/08
Language of the case: German
Referring court
Parties to the main proceedings
Claimant: Alketa Xhymshiti
Defendant: Bundesagentur für Arbeit — Familienkasse Lörrach
Questions referred
1.In cases in which a national of a non-member country is lawfully resident in a Member State of the European Union and works in the Swiss Confederation, does Regulation (EC) No 859/2003 apply to him and his spouse, who is also a national of a non-member country, in their Member State of residence, with the result that the Member State of residence is obliged to apply Regulations (EEC) No 1408/71 and (EEC) No 574/72 to that employed person and his spouse?
2.If the answer to the first question is in the negative: in the circumstances set out in the first question, are Articles 2, 13 and 76 of Regulation (EEC) No 1408/71 and Article 10(1)(a) of Regulation (EEC) No 574/72 to be interpreted as meaning that a mother who is a national of a non-member country may be refused family benefits in her Member State of residence on the basis of the fact that she is a national of a non-member country, even though the child concerned is a Union citizen?
Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality (OJ 2003 L 124, p. 1).
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 (OJ, English Special Edition 1971 (II), p. 416).
Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (OJ, English Special Edition 1972 (I), p. 159).