(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 full benefit payable under the legislation of a single Member State. On that interpretation, the provisions in question are not incompatible with Article 51 of the EEC Treaty, since Article 46 of Regulation No 1408/71 is applicable only if it allows a migrant worker to be granted benefits at least as high as those payable under the legislation of one State alone.
When a recalculation of benefits pursuant to Article 51(2) of Regulation No 1408/71 leads to a reduction in the benefit paid by the institution of one Member State, without any adjustment to the benefit paid by the institution of another Member State, and the second institution thus holds no pension arrears payable to the recipient of the benefits, Article 112 of Regulation No 574/72 does not oblige the first institution to bear the expense of the benefits overpaid during the period needed for recalculating the benefits.
Citations:
C-199/88, R-199/88, [1990] EUECJ R-199/88
Links:
Jurisdiction:
European
Benefits
Updated: 28 July 2022; Ref: scu.215768
