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C 234/4 EN Official Journal of the European Communities 25.7.

98

JUDGMENT OF THE COURT amended by Council Regulation (EEC) No 3427/89 of
30 October 1989 and as a social advantage within the
of 12 May 1998
meaning of Article 7(2) of Council Regulation (EEC)
in Case C-85/96 (reference for a preliminary ruling from No 1612/68 of 15 October 1968 on freedom of
the Bayerisches Landessozialgericht): María Martínez Sala movement for workers within the Community.
v Freistaat Bayern (1)
(Articles 8a, 48 and 51 of the EC Treaty Ð Definition of 
worker' Ð Article 4 of Regulation (EEC) No 1408/71 Ð 2. It is for the referring court to determine whether a
Child-raising allowance Ð Definition of family benefit' person such as the appellant in the main proceedings
Ð Article 7(2) of Regulation (EEC) No 1612/68 Ð comes within the scope ratione personae of Article 48
Definition of social advantage' Ð Requirement of of the EC Treaty and of Regulation No 1612/68 or of
possession of a residence permit or authorisation) Regulation No 1408/71.
(98/C 234/06)

3. Community law precludes a Member State from
(Language of the case: German) requiring nationals of other Member States authorised
to reside in its territory to produce a formal residence
permit issued by the national authorities in order to
(Provisional translation; the definitive translation will be receive a child-raising allowance, whereas that
published in the European Court Reports) Member State's own nationals are only required to be
permanently or ordinarily resident in that Member
State.
In Case C-85/96: reference to the Court under Article 177
of the EC Treaty from the Bayerisches Landessozialgericht
(1) OJ C 145 of 18.5.1996.
(Higher Social Court of Bavaria) (Germany), for a
preliminary ruling in the proceedings pending before that
court between María Martínez Sala and Freistaat Bayern
Ð on the interpretation of Articles 1, 2, 3(1) and 4(1)(h)
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 (EEC) No 2001/83 of JUDGMENT OF THE COURT
2 June 1983 (OJ 1983 L 230 of 13.8.1983, p. 6), as of 12 May 1998
amended by Council Regulation (EEC) No 3427/89 of
30 October 1989 (OJ 1989 L 331 of 13.8.1983, p. 1), and in Case C-106/96: United Kingdom of Great Britain and
of Article 7(2) of Council Regulation (EEC) No 1612/68 Northern Ireland, supported by Federal Republic of
of 15 October 1968 on freedom of movement for workers Germany, by Council of the European Union and by
within the Community (OJ, English Special Edition 1968 Kingdom of Denmark, v Commission of the European
(II), p. 475) Ð the Court, composed of: G. C. Rodríguez Communities, supported by the European Parliament (1)
Iglesias, President, C. Gulmann, H. Ragnemalm and M.
Wathelet (Presidents of Chambers), G. F. Mancini, J. C. (Community action programme to combat social exclusion
Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray, Ð Funding Ð Legal basis)
D. A. O. Edward (Rapporteur), J.-P. Puissochet, G.
(98/C 234/07)
Hirsch, P. Jann and L. Sevón, Judges; A. La Pergola,
Advocate General; H. A. Rühl, Principal Administrator,
for the Registrar, has given a judgment on 12 May 1998,
in which it has ruled: (Language of the case: English)

1. A benefit such as the child-raising allowance provided
for by the Bundeserziehungsgeldgesetz, which is In Case C-106/96: United Kingdom of Great Britain and
automatically granted to persons fulfilling certain Northern Ireland (Agent: John E. Collins, assisted by
objective criteria, without any individual and Derrick Wyatt), supported by Federal Republic of
discretionary assessment of personal needs, and which Germany (Agents: Ernst Röder and Bernd Kloke), by
is intended to meet family expenses, falls within the Council of the European Union (Agents: Jill Aussant and
scope ratione materiae of Community law as a family FeÂlix van Craeyenest) and by Kingdom of Denmark
benefit within the meaning of Article 4(1)(h) of (Agents: Peter Biering and Jùrgen Molde) v Commission
Council Regulation (EEC) No 1408/71 of 14 June of the European Communities (Agents: Maria Patakia and
1971 on the application of social security schemes to Peter Oliver), supported by the European Parliament
employed persons, to self-employed persons and to (Agents: Christian Pennera and Auke Baas) Ð application
members of their families moving within the for annulment of the decision or decisions referred to in
Community, as amended and updated by Council the Commission's press release of 23 January 1996 (IP/96/
Regulation (EEC) No 2001/83 of 2 June 1983, as 67) announcing certain grants for European projects