Opinion of the Advocate General — ECLI:EU:C:2003:636
Date: 2003-11-25
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: Austria

Summary of the Judgment Social security for migrant workers – Special non-contributory benefits – Coordination scheme laid down in Article 10a of Regulation No 1408/71 – Scope – Compensatory supplement to retirement or invalidity pensions granted on the basis of objective criteria and not financed by contributions from insured persons – Benefit mentioned in Annex IIa to that regulation – Included (Council Regulation No 1408/71, Arts 4(2a) and 10a and Annex IIa) The provisions of Article 10a of Regulation No 1408/71, as amended and updated by Regulation No 118/97, and those of Annex IIa to that regulation are to be interpreted as meaning that a compensatory supplement, such as the Austrian compensatory supplement, mentioned in Annex IIa, which tops up a retirement pension or an invalidity pension and is intended to ensure a minimum means of subsistence for its recipient where the pension is insufficient, the granting of which is dependent on objective criteria defined by law and which is never financed from contributions made by the insured persons, falls within the scope of that regulation and therefore constitutes a special non-contributory benefit within the meaning of Article 4(2a) of that regulation. Accordingly the situation of a person who, after 1 June 1992, the date of entry into force of Regulation No 1247/92 which inserted Articles 4(2a) and 10a into Regulation No 1408/71, fulfils the conditions for the grant of that benefit is governed with effect from 1 January 1995, the date of the Republic of Austria’s accession to the European Union, solely by the coordinating provisions laid down by Article 10a. (see paras 26, 29, 31, operative part)