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Case C-507/06: Judgment of the Court (Second Chamber) of 21 February 2008 (reference for a preliminary ruling from the Oberlandesgericht Innsbruck) — Malina Klöppel v Tiroler Gebietskrankenkasse (Entitlement to childcare allowance in Austria — Periods of drawing family benefits in another Member State not taken into account — Regulation (EEC) No 1408/71)
ECLI:EU:UNKNOWN:62006CA0507
62006CA0507
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Official Journal of the European Union
(Case C-507/06)
Entitlement to childcare allowance in Austria - Periods of drawing family benefits in another Member State not taken into account - Regulation (EEC) No 1408/71
(2008/C 92/12)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant: Malina Klöppel
Respondent: Tiroler Gebietskrankenkasse
Re:
Reference for a Preliminary ruling — Oberlandesgericht Innsbruck — Interpretation of Article 72 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ 1971 L 149, p. 2) as amended by Regulation (EC) No 1386/2001 of the European Parliament and of the Council of 5 June 2001 (OJ 2001 L 187, p. 1), and Article as well as of Article 10(2)(a) of Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing 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 (OJ 1972 L 74, p. 1), as amended by Commission Regulation (EC) No 410/2002 of 27 February 2002 (OJ 2002 L 62, p. 17) — Childcare allowance — Possibility of extending the period of granting from 30 months to 36 months where care of the child is transferred and allowance granted to other parent — Account not taken of periods, completed jointly by the father and the mother, of granting of a similar allowance paid to the other parent in another Member State
Operative part of the judgment
Article 3(1) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended in turn by Regulation (EC) No 1386/2001 of the European Parliament and of the Council of 5 June 2001, precludes a Member State from refusing to take into account, for the purposes of granting a family benefit such as the Austrian childcare allowance, the period during which a comparable benefit was drawn in another Member State as if that period had been completed in its own territory.
(1) OJ C 56, 10.3.2007.