Salvatore Cinciuolo v Union Nationale Des Federations Mutualistes Neutres And Institut National D’Assurance Maladie-Invalidite: ECJ 1 Mar 1984

ECJ Social security for migrant workers – old-age and survivors’ insurance – benefits – adjustment – recalculation – scope of the system
(Regulation no 1408/71 of the council, art. 51)
Article 51 of regulation no 1408/71 must be interpreted as applying to benefits such as those in respect of accidents at work or occupational disease which, by virtue of the national rules against overlapping of benefits, originally affected the amount of the pension fixed pursuant to article 46 and any subsequent adjustments to which might again affect that pension. It is therefore not necessary to recalculate the pension pursuant to article 46 if an adjustment is made to such a benefit on account of the general evolution of the economic and social situation.

Citations:

R-104/83, [1984] EUECJ R-104/83

Links:

Bailii

European, Benefits

Updated: 21 June 2022; Ref: scu.215229