Facts
The Swiss-Liechtenstein dual citizen [G.], born in 1958, was employed on a fixed-term, part-time basis as a temporary worker in the municipality of A. (FL) in 2001 and 2002. From 2 April 2002 to September 2002, she received unemployment compensation in the Principality of Liechtenstein. Subsequently, she was employed as a cross-border commuter at X. AG in C. (CH) from 1 October 2002 until her immediate dismissal at the end of April 2003. Thereafter, she registered with the Office of National Economy of the Principality of Liechtenstein for benefit payments, which provided her with unemployment benefits from 2 June 2003 until the exhaustion of her entitlement on 16 January 2004. On 10 February 2004, [G.] registered with the Regional Employment Office (RAV) Z. (CH) for job placement and applied for unemployment compensation. The Cantonal Unemployment Insurance Fund of St. Gallen denied the claim for unemployment compensation as of 10 February 2004, on the grounds that the insured person had her centre of life in the Principality of Liechtenstein, and therefore the requirements for an entitlement to benefits in Switzerland were not met.Considerations
The court concluded that the respondent should be classified as a fully unemployed genuine cross-border commuter within the meaning of Art. 71(1)(a)(ii) of Regulation No 1408/71. According to the wording of this provision, the state of residence, i.e. the Principality of Liechtenstein, would therefore be responsible for providing the benefits. The respondent has her place of residence in Y. (FL) and not in Switzerland. Even though she has friends and…