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 law. The community rules cannot, therefore, in the absence of an express exception consistent with the aims of the treaty, be applied in such a way as to deprive a migrant worker or his dependants of the benefit of a part of the legislation of a member state, nor may they bring about a reduction in the benefits awarded by virtue of that legislation supplemented by community law.
2. Article 77 (2) (b) (i) of regulation no 1408/71 must be interpreted as meaning that entitlement to family benefits from the state in whose territory the recipient of an invalidity pension resides does not take away the right to higher benefits awarded previously by another member state. If the amount of family benefits actually received by the worker in the member state in which he resides is less than the amount of the benefits provided for by the legislation of the other member state, he is entitled to a supplement to the benefits from the competent institution of the latter state equal to the difference between the two amounts.
Citations:
R-733/79, [1980] EUECJ R-733/79
Links:
Jurisdiction:
European
European
Updated: 21 June 2022; Ref: scu.214917
