Opinion of the Advocate General — ECLI:EU:C:2000:657
Date: 2000-11-30
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 — JOINED CASES C-95/99 TO C-98/99 AND C-180/99 
Summary of the Judgment 
1. Social security for migrant workers — Community rules — Persons covered — 
Inclusion in Regulation No 1408/71 of stateless persons and refugees residing in the 
territory of one of the Member States and members of their families — Validity 
(EEC Treaty, Art. 51 (later Art. 51 of the EC Treaty and now, after amendment, 
Art. 42 EC); Council Regulation No 1408/71, Arts 1 and 2(1)) 
2. Freedom of movement for persons — Workers — Community rules — Not applic­
able in a situation purely internal to a Member State 
(Council Regulation No 1408/71) 
1. The v a l i d i t y of R e g u l a t i o n 
No 1408/71, as amended and updated 
by Regulation No 2001/83, is not 
affected in so far as it includes in its 
personal scope stateless persons or 
refugees residing in the territory of 
one of the Member States and members 
of their families. 
Regulation No 1408/71 is applicable 
to any worker, within the meaning of 
Article 1 thereof, who has the nation­
ality of a Member State and finds 
himself in one of the situations invol­
ving international elements as provided 
for in the said regulation, as to mem­
bers of his family. 
The Council cannot be criticised for 
having, in the exercise of the powers 
which have been conferred on it under 
Article 51 of the EEC Treaty (later 
Article 51 of the EC Treaty and now, 
after amendment, Article 42 EC), also 
included stateless persons and refugees 
resident on the territory of the Member 
States in order to take into account the 
international obligations of those 
States. Coordination of national social 
security schemes, excluding stateless 
persons and refugees, would have 
meant that the Member States, in order 
to ensure compliance with their inter­
national obligations, had to establish a 
second coordination regime designed 
solely for that very restricted category 
of persons. 
(see paras 55-58, operative part 1) 
2. Workers who are stateless persons or 
refugees residing in the territory of one 
of the Member States, and members of 
their families, cannot rely on the rights 
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KHALIL AND OTHERS 
conferred by Regulation No 1408/71, 
as amended and updated by Regulation 
No 2001/83, where they are in a situa­
tion which is confined in all respects 
within that one Member State. Such is 
in particular the case where the situa­
tion of a worker has factors linking it 
solely with a non-member country and 
one single Member State. 
(see paras 71-72, operative part 2) 
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