(Judgment) (Rec 1991,p I-5799) 1. Article 13(2)(a) of Regulation No 1408/71, which is designed to resolve conflicts of legislation which may arise where, over the same period, the place of residence and the place of employment are not situated in the same Member State, does not apply in the case of an employed person who, after definitively ceasing all occupational activity, receives an early-retirement pension and resides in a Member State other than the one in which he was last employed. For that reason Article 73 of Regulation No 1408/71 is also not applicable to such a person, with the result that the residence conditions governing the grant of family benefits contained in the legislation of the Member State in which he was last employed may be relied on as against him, and the fact that he continues to be compulsorily insured under one of the branches of the national social security scheme has no effect on this situation.
2. The scope of an action brought under Article 169 of the Treaty is delimited both by the preliminary administrative procedure provided for by that article and by the form of order sought in the application. The scope of the action cannot be extended after the issue of the reasoned opinion, since the application and the reasoned opinion must be founded on the same grounds and submissions.
Citations:
[1991] EUECJ C-198/90, [1991] ECR I-5799
Links:
Jurisdiction:
European
Benefits, Employment
Updated: 01 June 2022; Ref: scu.160515
