Opinion of the Advocate General — ECLI:EU:C:1998:379
Date: 1998-07-16
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 of the Judgment 
Social security for migrant workers — Applicable legislation — Rules concerning 
diplomatic and consular staff — Persons employed in consular posts — Exercise of the 
right to opt for application of the legislation of the 'sending State' — Implications for the 
advantages conferred by the Member State of residence on the members of the worker's 
family, irrespective of his social cover — No effect — Limits 
(Council Regulations No 1408/71, Art. 16(2), and No 574/72, Art. 10(1) (a)) 
I - 3219 
SUMMARY — CASE C-211/97 
The decision by a person employed in a 
consular post to opt, in accordance with 
Article 16(2), first sentence, of Regulation 
No 1408/71, as amended and updated by 
Regulation No 118/97, to be subject to the 
social security legislation of the sending 
Member State of which he is a national 
does not have the effect that his spouse may 
no longer claim a social security advantage 
which, irrespective of the social cover of 
her spouse, is guaranteed to her by the 
legislation of the Member State in which 
she resides. 
Although the exercise of the right of option 
has direct consequences for the extent of 
the rights which the members of the work­
er's family can, as such, derive from his 
social cover, the position is different as 
regards the social security advantages con­
ferred upon them, irrespective of the social 
cover of the worker himself, by the legisla­
tion of the Member State in which they 
reside. In that context, the members of the 
worker's family must be allowed the benefit 
of the social security legislation of the 
Member State in which they reside under 
the same conditions as the nationals of that 
State, subject to the application of the rules 
designed to prevent the overlapping of 
benefits, which are set out, in particular, 
in Article 10( l ) (a ) of Regula t ion 
No 574/72. 
I - 3220