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Ortskrankenkasse Hamburg v Landesversicherungsanstalt Schleswig-Holstein (Judgment): ECJ 16 Nov 1972

Europa The court has power to provide the national court with factors of interpretation depending on community law which might be useful to it in evaluating the effects of a provision of national law.
Article 2(1) of regulation no 3 also refers to prophylactic or remedial measures.
The social security benefits which, although not related to the ‘earning capacity’ of the insured person, are also awarded to the members of his family and are principally intended to aid the recovery of the invalid and to protect those who are in contact with him must be regarded as sickness benefits within the meaning of article 2(1)(a) of regulation no 3. For the purposes of acquiring a right to such benefits the aggregation of the affiliation periods completed in the various member states is governed by article 16 et seq. Of regulation no 3.
For the purpose of acquiring a right to social security benefits, social security organizations in the member states are not bound to take into account affiliation periods completed in third countries.

Citations:

C-16/72

European

Updated: 10 April 2022; Ref: scu.132079

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