Opinion of the Advocate General — ECLI:EU:C:2000:347
Date: 2000-06-27
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
Social security for migrant workers — Community rules — Replacing social security 
conventions concluded between Member States — Limit — Retention, in favour of 
workers who exercised their right to freedom of movement before the entry into force of 
Regulation No 1408/71, of the provisions of a prior inter-State convention on 
unemployment insurance that is more advantageous for the insured 
(EC Treaty, Arts 48(2) and 51 (now, after amendment, Arts 39(2) EC and 42 EC); Council 
Regulation No 1408/71, Arts 6 and 7) 
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SUMMARY — CASE C-75/99 
A r t i c l e s 6 and 7 of R e g u l a t i o n 
No 1408/71, as amended and updated by 
Regulation No 2001/83 and amended by 
Regulation No 2332/89, do not preclude 
application of provisions of an inter-State 
convention on unemployment insurance 
which are more advantageous for the 
insured, provided that the latter exercised 
his right to freedom of movement before 
the date of entry into force of that regula­
tion, even if, as a result of the reference 
period prescribed by the national legisla­
tion applicable to determination of the 
insured's entitlement, it is not possible for 
him to claim a right to benefits based 
entirely on the period prior to that date. 
Articles 48(2) and 51 of the Treaty (now, 
after amendment, Articles 39(2) EC and 42 
EC) preclude the loss of social security 
advantages which result from the inapplic­
ability, following the entry into force of 
Regulation No 1408/71, of conventions 
operating between two or more Member 
States and incorporated in their national 
law. 
(see paras 15, 23 and operative part) 
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