Opinion of the Advocate General — ECLI:EU:C:2002:80
Date: 2002-02-07
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 — CASE C-471/99 
Summary of the Judgment 
Social security for migrant workers — Family allowances — Pensioners under the 
legislation of several Member States — Benefits for dependent children and for orphans 
of pensioners — Conditions of entitlement not fulfilled in the Member State of 
residence — Entitlement of pensioner not acquired solely under the national legislation 
of a Member State other than that of residence — No obligation on the competent 
institution of that Member State to grant benefits — Exception — Existence of an 
established right under a social security convention concluded prior to entry into force of 
the Community legislation 
(Council Regulations Nos 1408/71, Arts 77(2)(b), 78(2)(b), 79(1), and 2001/83) 
Articles 77(2)(b) and 78(2)(b) of Regu­
lation No 1408/71, as amended and 
updated by Regulation No 2001/83, and 
read in conjunction with Article 79(1) of 
the former regulation, must be interpreted 
as meaning that the competent institution 
of a Member State other than that of the 
residence of a person in receipt of an 
old-age or invalidity pension, or of the 
residence of orphans of a deceased worker, 
is not required to grant the persons con­
cerned benefits for dependent children or 
for orphans where the conditions laid down 
by the legislation of the Member State of 
residence for the award of such benefits are 
not or are no longer satisfied and where the 
entitlement of the pensioner or of the 
orphans claiming under the deceased 
worker is not acquired, in the other 
Member State, solely under the legislation 
of that State. None the less, in such a 
situation, the competent institution of the 
Member State other than that of residence 
may be required to award the benefit at 
issue under a social-security convention 
entered into by the two Member States 
concerned and incorporated in their 
national law prior to the entry into force 
of the Regulation, where the persons con­
cerned have an established right to con­
tinued application of that convention after 
the entry into force of the Regulation. 
(see para. 32, operative part) 
I - 7836