Master's Program 2004/2005 Technical and Fiscal Barriers ... - Lexnet

61996J0085 European Court reports 1998 Page I-02691 3
- Mrs Martínez Sala, by Antonio Pérez Garrido, Leiter der Rechtsstelle at the Spanish Embassy in Bonn,
- the German Government, by Ernst Röder, Ministerialrat in the Federal Ministry of Economic Affairs, and
Bernd Kloke, Oberregierungsrat in that Ministry, acting as Agents,
- the Spanish Government, by D. Luis Pérez de Ayala Becerril, Abogado del Estado, State Legal Service,
acting as Agent,
- the Commission of the European Communities, by Peter Hillenkamp, Legal Adviser, and Klaus-Dieter
Borchardt, of its Legal Service, acting as Agents,$
having regard to the Report for the Hearing,
after hearing the oral observations of Mrs Martínez Sala, represented by Antonio Pérez Garrido; of the
German Government, represented by Ernst Röder; of the Spanish Government, represented by D. Luis
Pérez de Ayala Becerril; of the French Government, represented by Claude Chavance, Foreign Affairs
Secretary at the Foreign Affairs Directorate of the Ministry of Foreign Affairs, acting as Agent; of the
United Kingdom Government, represented by Stephen Richards, Barrister; and of the Commission,
represented by Klaus-Dieter Borchardt, at the hearing on 15 April 1997,
after hearing the Opinion of the Advocate General at the sitting on 1 July 1997,
gives the following
Judgment
Costs
66 The costs incurred by the German, Spanish, French and United Kingdom Governments, and by the
Commission, which have submitted observations to the Court, are not recoverable. Since these proceedings
are, for the parties to the main proceedings, a step in the proceedings pending before the national court,
the decision on costs is a matter for that court.
On those grounds,
THE COURT,
in answer to the questions referred to it by the Bayerisches Landessozialgericht by order of 2 February
1996, hereby rules:
1. A benefit such as the child-raising allowance provided for by the Bundeserziehungsgeldgesetz, which is
automatically granted to persons fulfilling certain objective criteria, without any individual and
discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the
scope ratione materiae of Community law as a family benefit within the meaning of Article 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 2 June 1983, as
amended by Council Regulation (EEC) No 3427/89 of 30 October 1989 and as a social advantage within
the meaning of Article 7(2) of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of
movement for workers within the Community.
2. It is for the referring court to determine whether a person such as the appellant in the main proceedings
comes within the scope ratione personae of Article 48 of the EC Treaty and of Regulation No 1612/68 or
of Regulation No 1408/71.
3. Community law precludes a Member State from requiring nationals of other Member States authorised
to reside in its territory to produce a formal residence permit issued by the national authorities
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