Caisse primaire d’assurance maladie d’Eure-et-Loir v Alicia Tessier, nee Recq: ECJ 19 Jan 1978

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 moving within the community only if he can be identified as an employed person within the meaning of article 1(a)(ii) of that regulation. As regards the united kingdom in particular , in the absence of any other criterion , such identification depends by virtue of annex v to that regulation on whether he was required to pay social security contributions as an employed person. Rights acquired by a person who can be identified as a worker within the meaning of article 1(a)(ii) of regulation no 1408/71 during his residence in a member state must be taken into account by any other member state as if they were periods required for the acquisition of a right under its own legislation.

Citations:

C-84/77

European

Updated: 10 April 2022; Ref: scu.132646