Opinion of the Advocate General — ECLI:EU:C:2006:115
Date: 2006-02-16
Language of the case: Finnish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social security for migrant workers;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Finland

Summary of the Judgment Social security for migrant workers – Sickness insurance – Contributions payable by persons entitled to pensions or annuities (Art. 39 EC; Council Regulation No 1408/71, Arts 27 and 33(1)) Article 33(1) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, does not preclude, when the basis is determined for calculating sickness insurance contributions applied in the Member State of residence of the recipient of pensions paid by the institutions of that Member State responsible for the payment of benefits under Article 27 of that regulation, the inclusion in that basis of calculation, in addition to the pensions paid in the Member State of residence, also of pensions paid by the institutions of another Member State, provided that the sickness insurance contributions do not exceed the amount of pensions paid in the State of residence. However, Article 39 EC precludes the amount of pensions received from institutions of another Member State from being taken into account if contributions have already been paid in that other State out of the income from work received in that State. It is for the persons concerned to prove that the earlier contributions were in fact paid. (see paras 37-38, operative part)