Europa Legislation which confers on the beneficiaries a legally defined position which involves no indivudual and discretionary assessment of need or personal circumstances comes in principle within the field of social security within the meaning of article 51 of the treaty and of regulations nos 3 and 1408/71. Where the competent insurance institutions to which the persons referred to by german legislation had been affiliated before 1945 no longer exist or are situated outside the territory of the Federal Republic of Germany and the purpose of such legislation is to alleviate certain situations which arose out of events connected with the national socialist regime and the second world war and where the payment of the benefits in question to nationals is of a discretionary nature where such nationals are residing abroad, those benefits are not to be regarded as in the nature of social security.
Citations:
C-79/76
European
Updated: 10 April 2022; Ref: scu.132482
