Citations: C-620/15, [2017] EUECJ C-620/15 Links: Bailii Jurisdiction: European European Updated: 26 March 2022; Ref: scu.584263
ECJ Social security for migrant workers – invalidity insurance – benefits – right – acquisition – receipt of sickness benefit as a condition imposed by the legislation of a member state – insurance periods completed – aggregation – claim for benefit – submission – rules (Regulation No 1408/71 of the council, article 45) Article 45 … Continue reading Regina v A National Insurance Commissioner, Ex Parte Warry: ECJ 9 Nov 1977
ECJ Opinion – Obligation of a lower court to comply with directions on interpretation given by a higher court – Procedural autonomy – Force of res judicata – Reconsideration of the Rheinmuhlen I case-law – Freedom to provide services – Article 56 TFEU – Social security – Article 22 of Regulation No 1408/71 – Medical … Continue reading Elchinov v Natsionalna zdravnoosiguritelna kasa: ECJ 10 Jun 2010
ECJ (Opinion) Social security – Sickness insurance – Regulation (EEC) No 1408/71 – Title III, Chapter 1 – Article 28(2)(b) – Pensioner entitled to benefits in kind under the legislation of two or more Member States – Legislation to which the pensioner has been subject for the longest period of time – Notion of ‘pensions’ … Continue reading Van Der Helder And Another v College Voor Zorgverzekeringen: ECJ 10 Oct 2013
The claimant pensioner had moved to France. He sought to claim a retrospective winter fuel allowance claim. The government had eventually agreed to make payments to UK residents abroad. Held: The claimant was deemed to have had knowledge of the change in regulations and could not make a retrospective claim: ‘the orthodox position is that … Continue reading Walker-Fox v Secretary of State for Work and Pensions: CA 29 Nov 2005
ECJ Social security for migrant workers – Regulation (EEC) No 1408/71 – Old-‘age benefits – Holiday pay- given to persons entitled to a retirement pension – Unemployed frontier worker receiving benefit of a pension scheme Judges: N Colneric (Rapporteur) AP Citations: C-101/04, [2005] EUECJ C-101/04 Links: Bailii Statutes: Regulation (EEC) No 1408/71 European, Benefits Updated: … Continue reading Noteboom v Rijksdienst voor Pensioenen: ECJ 20 Jan 2005
It follows from the provisions of Regulation No 1408/71 that the only international social security conventions which fall within its field of application are those to which at least two Member States are contracting parties and that the regulation applies to conventions concluded with one or more non-member States only in so far as relations … Continue reading Grana-Novoa v Landesversicherungsanstalt Hessen (Rec 1993,p I-4505) (SV93-329) (Judgment): ECJ 2 Aug 1993
1. The distinction between benefits excluded from the scope of Regulation No 1408/71 and benefits which come within it is based essentially on the constituent elements of each benefit, in particular its purpose and the conditions for granting it, and not on whether it is classified as a social security benefit by national legislation. A … Continue reading Acciardi v Commissie beroepszaken administratieve geschillen in de provincie Noord-Holland: ECJ 2 Aug 1993
ECJ Failure of a Member State to fulfil obligations – Social security – Articles 69 and 71 of Regulation (EEC) No 1408/71 – Unemployment benefit – Frontier workers – Retention of benefit entitlement when seeking employment in another Member State Judges: A La Pergola Citations: C-311/01, [2003] EUECJ C-311/01 Links: Bailii Statutes: Regulation (EEC) No … Continue reading Commission v Netherlands: ECJ 6 Nov 2003
(Judgment) Social security – Articles 6 and 7 of Regulation (EEC) No 1408/71 – Applicability of a convention between Member States on unemployment insurance Citations: C-75/99, [2000] EUECJ C-75/99 Links: Bailii Jurisdiction: European Benefits Updated: 04 June 2022; Ref: scu.162617
ECJ (Judgment) Social security for migrant workers – Family benefits – Article 74 of Regulation (EEC) No 1408/71. Citations: C-243/94, [1996] EUECJ C-243/94 Links: Bailii Jurisdiction: European Benefits Updated: 03 June 2022; Ref: scu.161423
ECJ Social security – Family benefits – Article 73 of Regulation (EEC) No 1408/71 – Article 4(1) of Directive 79/7/EEC – Article 7(2) of Regulation (EEC) No 1612/68. Citations: C-245/94, [1996] EUECJ C-245/94 Links: Bailii Statutes: Directive 79/7/EEC 4(1), Regulation (EEC) No 1612/68 7(2), Regulation (EEC) No 1408/71 73 European, Benefits Updated: 03 June 2022; … Continue reading Hoever and Zachow v Land Nordrhein-Westfalen: ECJ 10 Oct 1996
Europa 1. As regards an employed person or assimilated worker who has completed periods of employment in a Member State, resides in that State and is entitled to a pension there, legislative provisions in that State giving all elderly residents a legally protected right to a minimum pension come within the field of social security … Continue reading Office National des Pensions v Raffaele Levatino (Judgment): ECJ 22 Apr 1993
(Judgment) (Rec 1991,p I-5799) 1. Article 13(2)(a) of Regulation No 1408/71, which is designed to resolve conflicts of legislation which may arise where, over the same period, the place of residence and the place of employment are not situated in the same Member State, does not apply in the case of an employed person who, … Continue reading Commission v Netherlands C-198/90: ECJ 28 Nov 1991
Europa The fact that a provision creating benefits for victims of war or its consequences is inserted in national social security legislation is not by itself decisive in determining that the benefit referred to in the above-mentioned provision is a social security benefit within the meaning of regulation no 1408/71, as the distinction between benefits … Continue reading Directeur regional de la Securite sociale de Nancy v Paulin Gillard et Caisse regionale d’assurance maladie du Nord-Est, Nancy: ECJ 6 Jul 1978
Citations: [2017] UKUT 193 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 30 March 2022; Ref: scu.595505
Citations: [2017] UKUT 65 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 26 March 2022; Ref: scu.584149
Citations: [2017] UKUT 26 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 26 March 2022; Ref: scu.584120
[2016] UKUT 176 (AAC) Bailii England and Wales Benefits Updated: 15 January 2022; Ref: scu.563373
Carer’s allowance [2016] UKUT 148 (AAC) Bailii England and Wales Benefits Updated: 15 January 2022; Ref: scu.563362
As the decision of the First-tier Tribunal (made on 6 June 2014 at Liverpool under reference SC064/14/00236) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007 and the decision is RE-MADE. The decision is: The claimant is … Continue reading Secretary of State for Work and Pensions (AA) v AK (European Union Law : Council Regulations 1408/71/Eec and (Ec) 883/2004 ): UTAA 4 Mar 2015
ECJ Judgment – Reference for a preliminary ruling – Social security – Regulation (EEC) No 1408/71 – Article 4 – Substantive scope – Levies on income from assets – General social contribution – Social debt repayment contribution – Social levy – Additional contribution to the social levy – Participation in the financing of compulsory social … Continue reading Ministre de l’Economie et des Finances v De Ruyter: ECJ 26 Feb 2015
ECJ Judgment – Social security – Regulation (EEC) No 1408/71 – Family benefits – Rules governing cases of overlapping entitlements to family benefits C-4/13, [2014] EUECJ C-4/13, ECLI:EU:C:2014:2344 Bailii European, Benefits Updated: 23 December 2021; Ref: scu.538469
ECJ Social security – Freedom to provide services – Sickness insurance – Hospital treatment provided in another Member State – Prior authorisation – Conditions of application of the second subparagraph of Article 22(2) of Regulation (EEC) No 1408/71 – Methods of reimbursement to the insured person of hospital expenses incurred in another Member State – … Continue reading Elchinov v Natsionalna zdravnoosiguritelna kasa: ECJ 5 Oct 2010
Reference for a preliminary ruling: Raad van State – Netherlands. Social security – Wholly unemployed frontier worker – Unemployment benefits in the competent Member State – Regulation (EEC) No 1408/71. . .
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ECJ Since it relates only to employed persons, Article 51 of the Treaty does not require a Member State on whose territory a self-employed person works to pay family allowances within the meaning of Article 1(u)(ii ) of Regulation No 1408/71 if the members of the person’ s family reside in another Member State. However, … Continue reading Patrick Delbar v Caisse D’Allocations Familiales De Roubaix-Tourcoing: ECJ 5 Dec 1989
ECJ Judgment – Reference for a preliminary ruling – Social security for migrant workers – Regulation (EEC) No 1408/71 – Article 27 – Annex VI, section R, point 1(a) and (b) – Concept of pensions payable under the legislation of two or more Member States – Benefits in kind – Retroactive award of a pension … Continue reading Raad van bestuur van de Sociale verzekeringsbank v Fischer-Lintjens: ECJ 4 Jun 2015
Reference for a preliminary ruling – Migrant workers – Social security – Regulation (EEC) No 1408/71 – Applicable legislation – Article 14, point 1, sub (a) – Posted workers – Article 14, point 2, sub (a), i) – Person normally exercising a salaried activity in the territory of two or more Member States and occupied … Continue reading CRPNPAC (Judgment): ECJ 2 Apr 2020
ECJ Freedom of movement for workers – Social security – Regulation No 1408/71 – Convention on Social Security concluded between Member States before their accession to the European Union – Provision of Old Age – Member State competent to assess the contribution periods completed – Double take into account a period of assessment – Article … Continue reading Landtova (Social Security For Migrant Workers): ECJ 3 Mar 2011
(Social Security For Migrant Workers) Article 46(3) of Council Regulation No 1408/71 must be interpreted as meaning that the highest theoretical amount of benefits calculated according to Article 46(2)(a) constitutes the limit on the benefits which may be claimed by a migrant worker under Community legislation, even where that theoretical amount is equal to the … Continue reading Cabras v Institut National D’Assurance Maladie-Invalidite.: ECJ 21 Mar 1990
ECJ Opinion – Social security for migrant workers benefits in case of dependency benefits in kind Article 19, paragraph 1 of Regulation No 1408/71 Citizenship of the Union Judges: Mengozzi AG Citations: C-208/07, [2008] EUECJ C-208/07 – O Links: Bailii Cited by: See Also – Von Chamier-Glisczinski v Deutsche Angestellten-Krankenkasse ECJ 16-Jul-2009 ECJ Social security … Continue reading Von Chamier-Glisczinski v Deutsche Angestellten-Krankenkasse: ECJ 11 Sep 2008
ECJ Regulations (EEC) Nos 1408/71 and 574/72 – Family benefits – Child-raising allowance – Entitlement to benefits of the same kind in the Member State of employment and the Member State of residence.Grand Chamber – The claim related to Austrian women working in Austria but living in Germany with their German husbands who worked in … Continue reading Dodl and Oberhollenzer (Social Security For Migrant Workers): ECJ 7 Jun 2005
ECJ Social security – Articles 3 and 22 of Regulation No 1408/71 – Article 22 of Regulation No 574/72 – Hospital treatment in a Member State other than the competent Member State – Need for vital urgent treatment – Transfer of the insured person to a hospital institution in a non-member country – Scope of … Continue reading Keller (Social Security For Migrant Workers): ECJ 12 Apr 2005
ECJ Social Security For Migrant Workers – 1. Regulation no 1408/71 does not exclude from its scope ratione materiae a supplementary allowance paid by a national solidarity fund and granted to recipients of old-age, survivors’ or invalidity pensions with a view to providing them with a minimum means of subsistence, provided that the persons concerned … Continue reading Saada Zaoui v Caisse Regionale D’Assurance Maladie De L’Ile-De-France (Cramif): ECJ 17 Dec 1987
ECJ Social security for migrant workers – old-age and survivors’ insurance – benefits – adjustment – recalculation – scope of the system (Regulation no 1408/71 of the council, art. 51) Article 51 of regulation no 1408/71 must be interpreted as applying to benefits such as those in respect of accidents at work or occupational disease … Continue reading Salvatore Cinciuolo v Union Nationale Des Federations Mutualistes Neutres And Institut National D’Assurance Maladie-Invalidite: ECJ 1 Mar 1984
ECJ Irrespective of the characteristics peculiar to the various national laws, social security benefits must be considered to be of the same kind when their purpose and basis of calculation are the same. In that respect, benefits acquired under the legislation of two member states, which seeks to ensure that an aged person deprived of … Continue reading Raad Van Arbeid v Mme Van Der Bunt Craig: ECJ 5 May 1983
1. Social security for migrant workers – rights of institutions responsible for benefits against liable third parties – institution – meaning – (regulation no 1408/71 of the council, art. 1(n) and art. 93) 2. Social security for migrant workers – community regulations – matters covered – ‘industrial agreements’ – exclusion (regulation no 1408/71 of the … Continue reading Nv Tiel-Utrecht Schadeverzekering v Gemeenschappelijk Motorwaarborgfonds: ECJ 15 Mar 1984
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 … Continue reading Board of The Sociale Verzekeringsbank v Heirs or Assigns of GT Kuijpers: ECJ 23 Sep 1982
ECJ 1. The regulations on social security for migrant workers did not set up a common scheme of social security, but allowed different schemes to exist, creating different claims on different institutions against which the claimant possesses direct rights by virtue either of national law alone or of national law supplemented, where necessary, by community … Continue reading Caisse De Compensation Des Allocations Familiales Des Regions De Charleroi Et De Namur v Cosimo Laterza: ECJ 12 Jun 1980
ECJ The application of regulation no 1408/71 is not limited to workers or their survivors who have been employed in several member states or who are, or have been, employed in one state whilst residing in another. The regulation also applies even when the residence in another member state was not that of the worker … Continue reading Gert Laumann And Anja Laumann v Landesversicherungsanstalt Rheinprovinz: ECJ 16 Mar 1978
Articles 12(2) and 46 of Regulation No 1408/71 do not preclude the application of a national rule against overlapping benefits when determining a pension in accordance with national legislation alone. However, those articles do preclude such application when determining a pension under Article 46. When calculating a pension under Article 46, the rule against overlapping … Continue reading Larsy v INASTI (Rec 1993,p I-4543) (Judgment): ECJ 2 Aug 1993
(Free movement of persons) (Judgment) Social security for migrant workers – Equal treatment – National legislation fixing, in connection with the transfer abroad of retroactive pension payments, a higher minimum amount than that paid within the country‘the object of article 3(1) of Regulation No 1408/71 is to ensure, in accordance with [article 39 EC], equal … Continue reading Borawitz v Landesversicherungsanstalt Westfalen: ECJ 21 Sep 2000
A national of a member state having returned home after working abroad, and declaring an intention not to seek work abroad again, and applying for benefits could not be refused on the grounds that he had not been there long enough. Europa Article 10a of Regulation No 1408/71, as amended and updated by Regulation No … Continue reading Swaddling v Adjudication Officer: ECJ 25 Feb 1999
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a family benefit within the meaning of Article 4(1)(h) of … Continue reading Martinez Sala v Freistaat Bayern: ECJ 12 May 1998
ECJ Social security – Invalidity – Old-age pensions – Article 47(1) of Regulation No 1408/71 – Calculation of benefits Judges: J.C. Moitinho de Almeida Citations: C-31/96, [1997] EUECJ C-31/96 Links: Bailii European, Benefits Updated: 03 June 2022; Ref: scu.161773
(Judgment) Articles 77(2)(b)(i) and 78(2)(b)(i) of Regulation No 1408/71, as amended and updated by Regulation No 2001/83, must be interpreted as meaning that the competent institution of a Member State is not bound to grant supplementary family benefits to pensioners or orphans residing in another Member State where the amount of the family benefits paid … Continue reading Bastos Moriana and others v Bundesanstalt fur Arbeit: ECJ 27 Feb 1997
ECJ (Judgment) 1. In the absence of any express provision on its entry into force, Decision No 3/80 of the EEC-Turkey Association Council on the application of the social security schemes of the Member States to Turkish workers and members of their families entered into force on the date on which it was adopted and … Continue reading Taflan-Met and others (Rec 1996,p I-4085): ECJ 10 Sep 1996
ECJ Point 4(a) of the section on the Netherlands contained in Annex V of Regulation No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community, in the version applicable as from 1 February 1982, is to be interpreted as meaning that periods of paid employment include … Continue reading Olivieri-Coenen v Bestuur van de Nieuwe Algemene Bedrijfsvereniging: ECJ 17 Oct 1995
ECJ Judgment – 1. Social security for migrant workers – Sickness insurance – Worker staying in a Member State other than the competent State – Entitlement to benefits necessitated by his state of health – Scope – Cash benefits designed to compensate for the sick worker’ s loss of earnings – Included – Payment of … Continue reading Brennet v Paletta: ECJ 2 May 1996
ECJ Social security for migrant workers – Old-age and death insurance – Calculation of benefits – Worker not simultaneously satisfying the conditions laid down for the provision of benefits by all the legislation to which he has been subject – Legislation of the Member State whose conditions are satisfied taking periods of insurance completed under … Continue reading McLachlan v Caisse nationale d’assurance vieillesse des travailleurs salaries de la region d’Ile-de-France: ECJ 7 Jul 1994
ECJ 1. The factor which determines whether Article 71 of Regulation No 1408/71 applies at all is the residence of the person concerned in a Member State other than that to whose legislation he was subject during his last employment. The first sentence of Article 71(1)(b)(ii) of Regulation No 1408/71 for that reason does not … Continue reading Maitland Toosey v Chief Adjudication Officer: ECJ 27 Jan 1994
ECJ (Judgment) 1. It follows from Annex I.I to Regulation No 1408/71, which provides in relation to the Netherlands that any person pursuing an activity or occupation without a contract of employment is to be considered a self-employed person within the meaning of Article 1(a)(ii) of the regulation, that possession of the status of a … Continue reading Staatssecretaris van Financien v Zinnecker: ECJ 13 Oct 1993
Europa An invalidity benefit paid by a Member State to a migrant worker is to be regarded as determined in accordance with Article 46 of Regulation No 1408/71 even if its amount, calculated in accordance with the rules of national law, including the national provisions against overlapping, is equal to the amount calculated in accordance … Continue reading Bogana v Union nationale des mutualites socialistes (Rec 1993,p I-755) (Judgment): ECJ 18 Feb 1993
Europa Social security for migrant workers – Community rules – Scope ratione materiae – Benefits covered and benefits excluded – Criteria for distinguishing – Benefit intended to meet the claimant’ s family expenses and granted on the basis of objective, legally-defined criteria – Included – Non-contributory benefit – No effect (Council Regulation No 1408/71, Art. … Continue reading Hughes v Chief Adjudication Officer (Judgment): ECJ 16 Jul 1992
ECJ Social security for migrant workers – Family allowances – Benefits for orphans – Benefits payable by State of residence – Amount of benefits paid in State of residence less than that payable under the legislation of another Member State – Right to benefit supplement – Calculation – Benefits to be taken into accountArticle 78 … Continue reading Doriguzzi-Zordanin v Landesversicherungsanstalt Schwaben: ECJ 19 Mar 1992
ECJ Articles 48 to 51 of the Treaty and the legislation adopted in implementation thereof, which includes Article 3 of Regulation No 1408/71, prevent a worker from losing, as a consequence of the exercise of his right to freedom of movement, the advantages in the field of social security guaranteed to him by the laws … Continue reading Masgio v Bundesknappschaft: ECJ 7 Mar 1991
ECJ 1. In the case of persons who are or have been subject as employed or self-employed persons to the legislation of a Member State, an allowance provided for under the legislation of that Member State which is granted on the basis of objective criteria to persons suffering from physical disablement affecting their mobility and … Continue reading Newton v Chief Adjudication Officer: ECJ 20 Jun 1991
Europa 1.Social security for migrant workers – Family benefits – Concept – Assistance paid to families with children aged over 16 but under 21 who are unemployed – Included 2.Social security for migrant workers – Family benefits – Unemployed worker subject to the legislation of a Member State – Members of the family residing in … Continue reading Gatto v Bundesanstalt fur Arbeit (Rec 1990,p I-557,Summ pub ) (Judgment): ECJ 22 Feb 1990
ECJ The rule against overlapping payments laid down in the first sentence of article 10 (1)(a) of regulation no 574/72 applies where family benefits or family allowances are due, in pursuance of article 73 of regulation no 1408/71, in respect of a child who, as a member of the family of one of the recipients … Continue reading Burchell v Adjudication Officer: ECJ 9 Jul 1987
ECJ 1. Social security for migrant workers – worker – concept – definition vis-a-vis legislation – effect – purpose(regulation no 1408/71 of the council, annex I, part I, paragraph 1) 2. Social security for migrant workers – worker – concept – person no longer paying contributions but entitled to benefits by virtue of contributions paid … Continue reading Walsh v National Insurance Officer: ECJ 22 May 1980
ECJ The concept of the member state in which the worker resides, appearing in article 71(1)(b)(ii) of regulation no 1408/71, must be limited to the state where the worker, although occupied in another member state, continues habitually to reside and where the habitual centre of his interests is also situated. The addition of the words … Continue reading Silvana Di Paolo v Office national de l’emploi: ECJ 17 Feb 1977
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 … Continue reading Jansen v Landesversicherungsanstalt Rheinprovinz: ECJ 5 May 1977
ECJ 1 Social security for migrant workers – old-age pension – calculation of benefits – community anti-overlapping rule – application where the theoretical amount is exceeded otherwise than by reason of the duplication of insurance periods (council regulation no 1408/71, art. 46 (3)) 2 social security for migrant workers – old-age pension – calculation of … Continue reading Collini v Office National des Pensions pour Travailleurs Salaries: ECJ 17 Dec 1987
Europa Social security for migrant workers – invalidity insurance – calculation of benefits – application by analogy with provisions on insurance for old age and death – calculation of the theoretical and actual amount – supplementary period (‘zurechnungszeit’) – inclusion in the calculation of the theoretical amount – exclusion in the calculation of the actual … Continue reading Alastair Menzies v Bundesversicherungsanstalt fur Angestellte: ECJ 26 Jun 1980
Europa A national of a member state who, in another member state, has been subject to a social security scheme which is applicable to all residents can benefit from the provisions of regulation no 1408/71 of the council of 14 june 1971 on the application of social security schemes to employed persons and their families … Continue reading Caisse primaire d’assurance maladie d’Eure-et-Loir v Alicia Tessier, nee Recq: ECJ 19 Jan 1978
Europa Both article 12 of regulation no 3 and article 13 of regulation no 1408/71 prevent the state of residence from requiring payment, under its social legislation, of contributions on the remuneration received by a worker in respect of work performed in another member state and therefore subject to the social legislation of that state. … Continue reading HOAGM Perenboom v Inspecteur der directe belastingen of Nijmegen: ECJ 5 May 1977
Europa The provision in paragraph 1 of point I (United Kingdom) of annex V to Regulation no 1408/71, far from restricting the definition of the term ‘worker’ as it emerges from clarify the scope of subparagraph (ii) of this paragraph vis-a-vis British legislation. A person who:- was compulsorily insured against the contingency of ‘ sickness … Continue reading Brack v Insurance Officer: ECJ 29 Sep 1976
ECJ Judgment – Reference for a preliminary ruling – Social security – Regulation (EEC) No 1408/71 – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – National of a Member State, in which he resides, employed on … Continue reading Kik v Staatssecretaris van Finacie: ECJ 19 Mar 2015
ECJ Social security – Regulation (EEC) No 1408/71 Title III, Chapter 1 Articles 18 EC, 39 EC and 49 EC – Benefits in kind intended to cover the risk of reliance on care Residence in a Member State other than the . .
ECJ Social security – Regulation (EEC) No 1408/71 – Article 1(r) – Definition of ‘periods of insurance’ – Article 46 – Calculation of retirement pension – Periods of insurance to be taken into consideration – Frontier workers – Period of incapacity for work – Aggregation of similar benefits paid by two Member States – No … Continue reading Edgard Mulders v Rijksdienst Voor Pensioenen: ECJ 18 Apr 2013
ECJ Social security for migrant workers – Article 45 TFEU – Regulation (EEC) No 1408/71 – Article 71 – Wholly unemployed atypical frontier workers who have maintained personal and business links in the Member State of last employment – Regulation (EC) No 883/2004 – Article 65 – Right to benefit in the Member State of … Continue reading F.P. Jeltes v Raad Van Bestuur Van Het Uitvoeringsinstituut Werknemersverzekeringen: ECJ 11 Apr 2013
European Union law Council regulation 1408/71/EECAttendance allowance. Citations: [2013] UKUT 66 (AAC) Links: Bailii Statutes: Council Regulation 1408/71/EEC Benefits, European Updated: 14 November 2022; Ref: scu.471789
ECJ Social security for migrant workers – Article 46a of Regulation (EEC) No 1408/71 – National rules against overlapping – Old-age pension – Increase in the amount paid by a Member State – Survivor’s pension – Reduction in the amount paid by another Member State Judges: M Ilesic Citations: C-127/11, [2013] EUECJ C-127/11 Links: Bailii … Continue reading Aldegonda Van Den Booren v Rijksdienst Voor Pensioenen: ECJ 7 Mar 2013
ECJ Social security – Regulation (EEC) No 1408/71 – Articles 72, 78(2)(b) and 79(1)(a) – Family benefits for orphans – Aggregation of periods of insurance and employment – Periods completed by the surviving parent in another Member State – Not taken into account Judges: Ilesic P Citations: C-619/11, [2013] EUECJ C-619/11 Links: Bailii Statutes: Regulation … Continue reading Patricia Dumont De Chassart v Office National D’Allocations Familiales Pour Travailleurs Salaries: ECJ 21 Feb 2013
Disability Living Allowance – Appeal allowed – The respondent remained entitled to receive the care component of disability living allowance following her permanent move to Spain on 5 November 2002. The decision of 8 January 2007 under appeal, purporting to supersede and terminate her previous indefinite award from 6 November 2002, is set aside as … Continue reading Secretary of State for Work and Pensions v LT (DLA): UTAA 19 Jul 2012
ECJ Social security – Determination of the legislation applicable – Regulation (EEC) No 1408/71 – Article 14(2)(b) – Person normally employed in the territory of two or more Member States – Successive employment contracts – Employer established in the Member State of habitual residence of the worker – Employment performed exclusively in other Member States … Continue reading Format Urzadzenia I Montaze Przemyslowe Sp. Z O.O. v Zaklad Ubezpieczen Spolecznych I Oddzial W Warszawie: ECJ 4 Oct 2012
ECJ Opinion – Reference for a preliminary ruling – Regulation (EEC) No 1408/71 – Old-age pension – Calculation of benefits Judges: Mazak AG Citations: C-282/11, [2012] EUECJ C-282/11 Links: Bailii Statutes: Regulation (EEC) No 1408/71 Cited by: Opinion – Gonzalez v Instituto Nacional De La Seguridad Social and Tesoreria General De La Seguridad Social ECJ … Continue reading Gonzalez v Instituto Nacional De La Seguridad Social and Tesoreria General De La Seguridad Social: ECJ 13 Sep 2012
ECJ Social security – Child benefit – Articles 14(1)(a) and 14a(1)(a) of Regulation (EEC) No 1408/71 – Temporary work in another Member State – Legislation applicable – Right of a Member State other than the competent State to grant child benefit Citations: C-611/10, [2012] EUECJ C-611/10, [2011] EUECJ C-611/10 Links: Bailii, Bailii Cited by: See … Continue reading Hudzinski v Agentur fur Arbeit Wesel – Familienkasse: ECJ 16 Feb 2012
ECJ Social security Regulation (EEC) No 1408/71 Article 4(1)(b) and (g), Article 10(1) and Article 69 Freedom of movement for persons Articles 39 EC and 42 EC Statutory pension and accident insurance scheme Benefit for reduced capacity to work or incapacity to work Advance payment to unemployed persons who apply for the grant of a … Continue reading Petersen v Arbeitsmarktservice Niederosterreich: ECJ 11 Sep 2008
Reference for a preliminary ruling – Migrant workers – Social security – Regulation (EEC) No 1408/71 – Legislation applicable – Article 14(1)(a) and (2)(b) – Regulation (EC) No 883/2004 – Article 12(1) – Article 13(1)(a) – Posted workers – Workers employed in two or more Member States – Regulation (EEC) No 574/72 – Article 11(1)(a) … Continue reading Bouygues Travaux Publics and Others (Migrant Workers – Social Security – Judgment): ECJ 14 May 2020
ECJ Social security for migrant workers – Regulation (EEC) No 1408/71 – Articles 13 and 14c – Legislation applicable – Self-employed persons – Social security scheme – Insurance – Person employed or unemployed in a Member State – Self-employed activity in another Member State – Company agent – Residence in a Member State other than … Continue reading Partena Asbl v Les Tartes De Chaumont-Gistoux Sa: ECJ 27 Sep 2012
ECJ Free movement of persons – Agreement between the European Community and its Member States on the one hand, and the Swiss Confederation, on the other hand, on the free movement of persons – Social Security – Family benefits – Regulation (EEC) No 1408/71 – Articles 3, paragraph 1, and 72. Citations: C-257/10, [2011] EUECJ … Continue reading Forsakringskassan v Bergstrom: ECJ 21 Jun 2011
ECJ Opinion – Social security – Regulation (EEC) No 1408/71 – Sickness benefits – Invalidity benefits – Special non-contributory benefits – Definitions – Short-term incapacity benefit in youth – Conditions for granting – Conditions of residence and presence in the territory of the Member State – Lawfulness – Article 10 of Regulation (EEC) No 1408/71 … Continue reading Stewart v Secretary of State for Work and Pensions: ECJ 17 Mar 2011
ECJ Social security for workers – Regulation (EEC) No 1408/71 – Scope ratione personae – Interpretation of the term ’employed person’ – Benefits for a dependent child – Extension of unpaid leave. Citations: C-516/09, [2011] EUECJ C-516/09 Links: Bailii Statutes: Regulation (EEC) No 1408/71 Jurisdiction: European Benefits Updated: 04 September 2022; Ref: scu.430701
ECJ (Opinion) Social security – Regulation (EEC) No 1408/71 – Sickness benefit – Former migrant worker who has acquired a right in the State of employment to cover the risk of dependence on compulsory affiliation – Return to the State of origin – Absence of coverage of the risk of dependency in the State of … Continue reading da Silva Martins v Bank Betriebskrankenkasse-Pflegekasse (Free Movement Of Persons): ECJ 13 Jan 2011
ECJ Social security – Regulation (EEC) No 1408/71 – Article 13(2)(d) – Concept of ‘persons treated as’ civil servants – Employment contract with a public authority. Citations: C-296/09, [2010] EUECJ C-296/09 Links: Bailii Jurisdiction: European Benefits Updated: 31 August 2022; Ref: scu.427313
European Union Law – Council Regulations 1408/71/EEC and (Ec) 883/2004 – child Benefit Citations: [2019] UKUT 289 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits, European Updated: 16 August 2022; Ref: scu.642319
The court was asked whether an obligation arose to pay child benefit for the children of a Portuguese worker resident here but no longer working for his children living in Portugal. Held: The benefit was payable. Citations: [2010] EWCA Civ 291 Links: Bailii Statutes: EC Council Regulation 1408/71 of 14 June 1971, Social Security, Contributions … Continue reading Revenue and Customs v Ruas: CA 23 Mar 2010
(Grand Chamber) Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EEC) No 1408/71 – Article 14(2)(a) – Concept of ‘person who is a member of the travelling personnel of an undertaking’ – Regulation (EC) No 883/2004 – Article 13(1)(b) – Concept of ’employer’ – Long-distance lorry drivers … Continue reading AFMB Ltd v Raad van bestuur van de Sociale verzekeringsbank: ECJ 16 Jul 2020
ECJ Reference for a preliminary ruling – Social security – Regulation (EEC) No 1408/71 – Regulation (EEC) No 574/72 – Family benefits – Allowance for bringing up a family – ‘Elterngeld’ – ‘Kindergeld’ – Calculation of the supplementary allowance Judges: T von Danwitz, P Citations: C-347/12, [2014] EUECJ C-347/12 Links: Bailii Jurisdiction: European Benefits Updated: … Continue reading Caisse nationale des prestations familiales v Wiering: ECJ 8 May 2014
The appellant challenged the refusal of the grant to her of state pension credit. Held: Her appeal failed. Judges: Lord Clarke of Stone-cum-Ebony MR, Moses, Sullivan LJJ Citations: [2009] 3 CMLR 36, [2010] PTSR 128, [2009] EWCA Civ 621, [2009] 4 All ER 738 Links: Bailii Statutes: Council Regulation (EC) 1408/71, State Pension Credit Act … Continue reading Patmalniece v Secretary of State for Work and Pensions: CA 25 Jun 2009
ECJ Social security for migrant workers – Regulation (EEC) No 1408/71- Article 4(2a), Article 10a and Annex IIa – Special non-contributory benefits – Netherlands benefit for disabled young people – Non-‘exportability. Citations: C-154/05, [2006] EUECJ C-154/05 Links: Bailii Jurisdiction: European European Updated: 21 July 2022; Ref: scu.243020
ECJ (Judgment) Reference for a preliminary ruling – Social security for migrant workers – Article 45 TFEU – Article 3(1) of Regulation (EEC) No 1408/71 – Old-age benefits – Principle of non-discrimination – Worker who, prior to retirement, has participated, in a Member State, in a part-time work scheme for older employees – Consideration for … Continue reading Larcher v Deutsche Rentenversicherung Bayern Sud: ECJ 18 Dec 2014
SSCS Residence condition – claimant who was formerly self-employed moving permanently to France – whether entitled to export mobility allowance under Council Regulation (EEC) 1408/71 – mobility allowance Citations: [1991] UKSSCSC CM – 108 – 1986 Links: Bailii Statutes: Council Regulation (EEC) 1408/71 Benefits Updated: 15 July 2022; Ref: scu.269607
ECJ (Opinion) Unemployment benefits and disability Union citizenship Scope of Articles 17 EC, 18 EC and 39 EC Regulation (EEC) No 1408/71 Conditions for granting of an advance on the disability benefit an unemployed resident in another Member State Judges: Mr. Damaso Ruiz-Jarabo Colomer AG Citations: C-228/07, [2008] EUECJ C-228/07 – O Links: Bailii Cited … Continue reading Petersen v Arbeitsmarktservice Niederosterreich: ECJ 15 May 2008
ECJ Entitlement to childcare allowance in Austria – Periods of drawing family benefits in another Member State not taken into account Regulation (EEC) No 1408/71. Citations: C-507/06, [2008] EUECJ C-507/06 Links: Bailii Statutes: Regulation (EEC) No 1408/71 European, Benefits Updated: 13 July 2022; Ref: scu.265951
European Union law – Council regulation 1408/71/EEC Citations: [2010] UKUT 108 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits, European Updated: 12 July 2022; Ref: scu.423168
ECJ Social security for migrant workers Articles 12 EC, 17 EC, 18 EC and 39 EC Regulation (EEC) No 1408/71 Article 4(2a), Article 10a and Annex IIa Regulation (EEC) No 1612/68 Article 7(1) Non contributory benefits Netherlands benefit for disabled young people Non-exportability. Citations: C-287/05, [2007] EUECJ C-287/05 Links: Bailii Jurisdiction: European European Updated: 11 … Continue reading Hendrix (Social Policy): ECJ 11 Sep 2007
