News and Cases
| Published date | 01 June 2002 |
| Date | 01 June 2002 |
| DOI | 10.1023/A:1020576506512 |
| Subject Matter | News and Cases |
European Journal of Social Security, Volume 4/2,179-191,2002.
©Kluwer Law International (KLI). Printed in the Netherlands.
News and Cases
THE HUMER JUDGMENT
179
In this judgment the question was answered whether an advance on maintenance
allowances falls within the scope
of
Regulation
1408171.
COURT OF JUSTICE, 5February 2002 (La Pergola, Wathelet, Schintgen, Skouris,
Jann, Macken, Colneric, Gulmann, Edward)
(Regulation (EEC) No.
1408171
-Definition
of
'family benefits - Payment of
advances on maintenance payments -Condition that the minor child must be resi-
dent within the national territory -Entitlement to benefits abroad)
REFERENCE to the Court under Article 234 EC by the Oberster Gerichtshof
(Austria) for a preliminary ruling in the proceedings pending before that court con-
cerning the minor
Anna Humer (Case C-255/99)
1. By order of 23 June 1999, received at the Court on 8 July 1999, the Oberster
Gerichtshof(Supreme Court) (Austria) referred to the Court for a preliminary rul-
ing under Article 234 EC two questions on the interpretation of Articles 3, 4(1)(h),
73 and 74
of
Council Regulation (EEC) No.
1408171
of 14 June 1971 on the appli-
cation
of
social security schemes to employed persons, to self-employedpersons
and to members
of
their families moving within the Community, as amended and
updated by Council Regulation (EC) No. 118/97
of2
December 1996 (OJ 1997L
28, p. 1) ('Regulation No.
1408171),
and
of
Articles 3(1) and 7(2) of Regulation
(EEC) No. 1612/68
of
the Council
of
15 October 1968 on freedom
of
movement
for workers within the Community (OJ, English Special Edition 1968 (II), p. 475).
2. Those questions have been raised in proceedings brought by Anna Humer
(hereinafter 'the applicant), a minor child of divorced parents who is repre-
sented by her mother, seeking payment from the Familienlastenausgleichsfonds
EUROPEAN JOURNAL OF SOCIAL SECURITY
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