Opinion of the Advocate General — ECLI:EU:C:2011:407
Date: 2011-06-21
Language of the case: Swedish
Subject matter: External relations;Social security for migrant workers;International agreements
Procedure: Reference for a preliminary ruling
Origin: Sweden

Summary of the Judgment 1. International agreements – EC/Switzerland Agreement on the free movement of persons – Social security for migrant workers – Family benefit (EC/Switzerland Agreement on the free movement of persons, Art. 8(c); Council Regulation No 1408/71, Art. 72) 2. International agreements – EC/Switzerland Agreement on the free movement of persons – Social security for migrant workers – Family benefit (EC/Switzerland Agreement on the free movement of persons, Art. 8(c); Council Regulation No 1408/71, Art. 3(1), 23(1) and (2), and 72, and Annex VI, N, point 1) 1. On a proper construction of Article 8(c) of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, and Article 72 of Regulation No 1408/71 on the application of social security schemes to employed persons, to self‑employed persons and to members of their families moving within the Community, as amended by Regulation No 1386/2001, when the legislation of a Member State makes the award of a family benefit – such as parental benefit – conditional upon completion of periods of insurance, employment or self-employment, the institution of that Member State competent to make such an award must take into account for those purposes periods completed in their entirety in the Swiss Confederation. (see para. 45, operative part 1) 2. On a proper construction of Article 8(a) of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, and Article 3(1), Article 23(1) and (2) and Article 72 of Regulation No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended by Regulation No 1386/2001, and paragraph 1 of point N of Annex VI thereto, when the amount of a family benefit, such as parental benefit at the daily sick-leave benefit level, falls to be determined in accordance with the rules governing sickness benefit, that amount, awarded to a person who has completed in full the necessary employment periods for acquiring that right in the territory of the other Contracting Party, must be calculated by taking into account the income of a person who has comparable experience and qualifications and who is similarly employed in the Member State in which that benefit is sought. (see para 53, operative part 2)