Nv Tiel-Utrecht Schadeverzekering v Gemeenschappelijk Motorwaarborgfonds: ECJ 15 Mar 1984

1. Social security for migrant workers – rights of institutions responsible for benefits against liable third parties – institution – meaning – (regulation no 1408/71 of the council, art. 1(n) and art. 93)
2. Social security for migrant workers – community regulations – matters covered – ‘industrial agreements’ – exclusion (regulation no 1408/71 of the council, art. 1(j))

1. The term ‘institution’ in article 93 of regulation no 1408/71 means, in respect of each member state, the body or authority responsible for administering all or part of the member state’s legislation relating to the branches or schemes of social security mentioned in that regulation.
2. Regulation no 1408/71 does not apply to ‘industrial agreements’ (dispositions conventionnelles). Therefore the relationship existing between an insured person and an insurance company under insurance having a purely contractual basis does not, by reason of its nature, fall within the scope of regulation no 1408/71.

Citations:

R-313/82, [1984] EUECJ R-313/82

Links:

Bailii

Jurisdiction:

European

Benefits

Updated: 21 June 2022; Ref: scu.215228