Procedure – 1. Since the right to determine the questions to be brought before the court devolves upon the court or tribunal of the member state alone, the parties may not change their tenor or have them declared to be without purpose.
2. The concept of ‘ worker ‘ under Regulation no 3 is not limited solely to migrant workers stricto sensu or solely to workers required to move for the purpose of their employment. Cf. Paragraph 1, summary in case 75/63, (1964) ECR 351.
3. Article 52 of regulation no 3 empowers the social security institutions of a member state to bring an action, on conditions laid down therein, for the reimbursement of benefits granted in consequence of an accident even if it occurred before 1 January 1959.
Citations:
(1966) 5 CMLR 82, R-44/65, [1965] EUECJ R-44/65
Links:
Cited by:
Cited – HP Bulmer Ltd and Another v J Bollinger Sa and others CA 22-May-1974
Necessity for Reference to ECJ
Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 21 June 2022; Ref: scu.214039