It follows from the provisions of title II of regulations no 3/58 and no 1408/71 that the application of national legislation is determined by reference to criteria drawn from the rules of community law. Although it is for the legislature of each member state to lay down the conditions creating the right or the obligation to become affiliated to a social security scheme or to a particular branch under that scheme the member states are not entitled to determine the extent to which their own legislation or that of another member state is applicable.
Article 13(c) of regulation no 3 and article 14 (1)(c)(i) of regulation no 1408/71 must be interpreted as meaning that a national provision of a member state is incompatible with those provisions if its effect is such that a worker residing in that member state is not insured for the purposes of an old-age pension because he is insured for such purposes under the legislation of another member state , even if he resided in the territory of the first-mentioned member state and is there engaged in gainful employment concurrently with his activities in the territory of the other member state. That answer is not affected by the fact that the employment in the state of residence is secondary to the main activity of the person concerned which is pursued in the other member state.
Citations:
R-276/81, [1982] EUECJ R-276/81
Links:
Jurisdiction:
European
European
Updated: 21 June 2022; Ref: scu.215094