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Case C-4/13: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 2 January 2013 — Agentur für Arbeit Krefeld — Familienkasse v Susanne Fassbender-Firman
ECLI:EU:UNKNOWN:62013CN0004
62013CN0004
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Valentina R., lawyer
6.4.2013
Official Journal of the European Union
C 101/9
(Case C-4/13)
2013/C 101/20
Language of the case: German
Referring court
Parties to the main proceedings
Appellant: Agentur für Arbeit Krefeld — Familienkasse
Respondent: Susanne Fassbender-Firman
Questions referred
1.Should Article 76(2) of Regulation No 1408/71 be interpreted to the effect that the competent institution of the Member State of employment enjoys discretion in applying Article 76(1) of Regulation No 1408/71 if an application for benefits is not made in the Member State of residence of the members of the family?
2.If the first question is answered in the affirmative: on the basis of which discretionary considerations may the institution competent for family benefits in the Member State of employment apply Article 76(1) of Regulation No 1408/71 as if benefits had been granted in the Member State of residence of the members of the family?
3.If the first question is answered in the affirmative: To what extent is the discretionary decision by the competent institution subject to judicial review?
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 1971 L 149, p. 2; Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71, OJ 1997 L 28, p. 1.