ECJ Article 2 of regulation no 3 and article 4 of regulation no 1408/71, which lay down the matters covered by those regulations, deal with the various national social security schemes in their entirety. The reimbursement of social security contributions therefore forms part of the matters covered by those regulations. Since regulation no 3 does not contain any specific provision relating to the reimbursement of contributions the general rules affirmed by that regulation and by the provisions of the treaty to which it gives effect, such as the rule on equality of treatment and that on the waiving of residence clauses, are applicable. Article 10 (2) of regulation no 1408/71, which constitutes a specific provision and introduces a new rule in respect of the reimbursement of contributions, cannot, however, be extended to facts which occurred outside the period covered by that regulation. Although the provisions of article 51 of the eec treaty and of the regulations adopted to give it effect ensure that, for the purpose of acquiring and retaining the right to benefit, migrant workers enjoy aggregation of all periods taken into account under the laws of the several countries, they cannot however be interpreted, in the absence of express provisions, as preventing persons so favoured from exercising the legal options open to them under the legislation of one or other of the member states, such as the right of applying in certain circumstances for the reimbursement of social security contributions. Therefore, community law, as it stood at the time of the adoption of regulation no 3, cannot be interpreted as excluding an option available under a national legislation with regard to the reimbursement of social security contributions.
Citations:
C-104/76
Jurisdiction:
European
Benefits
Updated: 28 April 2022; Ref: scu.132502