Europa 1. Community law – uniform interpretation – versions existing in the four community languages to be taken into consideration 2. Free movement of persons – workers – social security – legislation applicable – employment and residence of beneficiaries in the territory of different member states – conveyance between the country of residence and country of employment – social security subject to the legislation in force in country of employment (regulation no 3, article 12) 3. Free movement of persons – workers – social security – legislation of member states other than that in which the workers are employed – legislation involving an increase in charges borne by workers without any corresponding advantage – inapplicability (regulation no 3, article 12) 4. Free movement of persons – workers – social security – administrative commission within the meaning of article 43 of regulation no 3 – courts and tribunals not bound by its decisions taken in pursuance of article 43 (a) of regulation no 3 5. Free movement of persons – workers – social security – legislation applicable – beneficiaries under article 13(a) of regulation no 3 (in the wording existing prior to the introduction of regulation no 24/64) 6. Free movement of persons – workers – social security – legislation applicable – residence of beneficiaries and registered office of undertaking by which they are employed in the territory of a member state other than that in which the work is carried out – probable duration of this employment within the meaning of article 13(a) of regulation no 3 (in the wording existing prior to the introduction of regulation no 24/64) 1. The need for a uniform interpretation of community regulations prevents the text of a provision from being considered in isolation, but in cases of doubt requires it to be interpreted and applied in the light of the versions existing in the other three languages. 2. A worker who is employed in the territory of one member state but who resides in the territory of another member state and who is conveyed at his employer’s expense between his place of residence and his place of employment remains subject to the legislation of the former state by virtue of article 12 of regulation no 3, even as regards that part of the journey which takes place in the territory of the state in which he resides and in which the undertaking is established. 3. Article 12 of regulation no 3 prohibits a member state other than that in whose territory a worker is employed from applying its social security legislation to such worker where to do so would lead to an increase in the charges borne by wage-earners or their employers, without any corresponding supplementary protection by way of social security. 4. Decisions taken by the administrative commission in pursuance of article 43(a) of regulation no 3 are not binding on national courts or tribunals. 5. Article 13(a) of regulation no 3, as worded prior to the introduction of regulation no 24/64, applies to a worker who is engaged solely for employment in the territory of a member state other than that in which the establishment to which he is normally attached is situated, in so far as the probable duration of his employment in the territory of the former state does not exceed twelve months. 6. The expression ‘ the probable duration of their employment ‘ used in article 13(a), as worded prior to the introduction of regulation no 24/64, refers to the duration of the employment of each individual worker.
Citations:
C-19/67
European, Benefits
Updated: 10 April 2022; Ref: scu.131849