Landesversicherungsanstalt Rheinland-Pfalz v Joseph Welchner: ECJ 5 Dec 1967

ECJ 1. Free movement of persons – workers – social security – periods assimilated to insurance periods – reference to national law (regulation no 3, article 1(r)) 2. Free movement of persons – workers – old-age and death (pensions) insurance – application of German legislation – taking into account of ‘ substitute periods ‘ within the meaning of that legislation – German institutions not obliged to take into account a period completed under the legislation of another member state (regulation no 3, article 28, annex g) 1. In so far as it takes ‘ assimilated periods ‘ into account, regulation no 3 intends neither to modify nor supplement national law, provided that the latter observes the provisions of article 48 to 51 of the EEC treaty. In particular, regulation no 3 refers to the conditions under which national law will regard a given period as being equivalent to insurance periods properly so-called. 2. Article 28 of regulation no 3 of the council of the EEC concerning social security for migrant workers, together with annex g thereto, does not require the institutions of the federal republic of Germany to take into account a period completed under the legislation of another member state in determining whether ‘ substitute periods ‘ within the meaning of German legislation must be taken into account.

Citations:

C-14/67, R-14/67, [1967] EUECJ R-14/67

Links:

Bailii

European, Benefits, Employment

Updated: 20 May 2022; Ref: scu.131844