Judgment — ECLI:EU:C:2011:136
Date: 2011-03-10
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment Social security for migrant workers – Union legislation – Scope ratione personae – Worker within the meaning of Regulation No 1408/71 – Meaning – Person receiving an extension of unpaid leave following the birth of a child – Included – Conditions (Council Regulation No 1408/71, Art. 1(a)) The status of an ‘employed person’, within the meaning of Article 1(a) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 1606/98, must be attributed to persons covered by a social security scheme unrelated to any past or current professional activity, who have deliberately extended their unpaid leave, with their employer’s agreement, solely in order to be able to continue to receive childcare allowance, and for whom the periods of membership of the retirement insurance scheme in one State may be taken into account in another State at the time of actually claiming their retirement pension, during the six-month period of extended unpaid leave following the birth of their child, on condition that, during that period, that person is covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in Article 1(a) of that regulation. (see paras 27, 30, 33, operative part)