Opinion of Mr Advocate General Darmon

Mr President,

Members of the Court,

1. The present request for a preliminary ruling concerns the interpretation of Article 76 of Regulation No 1408/71 (Official Journal, English Special Edition 1971 (II), p. 416) which reads:

2. Antonio Ferraioli is an Italian national who has been employed by the Deutsche Bundespost since 1961. Under the provisions of the Bundeskindergeldgesetz [Federal Law on Child Allowances], as supplemented by Article 73 of Regulation No 1408/71, the Deutsche Bundespost paid him family allowances in respect of his three children living in Italy with their mother.

3. The first question does not call for much discussion since the problem it raises was settled by the Court in Salzano.

4. The second question raised by the Bundessozialgericht was not contemplated in Salzano since the national court asked the question only in the alternative.

5. The answer thus given to the second question put by the Bundessozialgericht makes it unnecessary to consider the last question. That rests, as is clearly apparent from the grounds of the national order, on the hypothesis which I have just dismissed, namely the complete suspension of the family allowances payable in the Member State of employment.

6. In view of the foregoing considerations I propose the following answers to the questions put by the Bundessozialgericht:

1 Translated from the French.