Opinion of the Advocate General — ECLI:EU:C:2004:95
Date: 2004-02-12
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Association Agreement;External relations;Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment International agreements – EEC-Turkey Association Agreement – Social security for migrant workers – Early old-age pension in the event of unemployment – National legislation making entitlement conditional on the worker’s having received benefits under national unemployment insurance over a certain period prior to his application – Not permissible (Decision No 3/80 of the EC Turkey Association Council, Art. 3(1)) Article 3(1) of Decision No 3/80 of the EEC-Turkey Association Council on the application of the social security schemes of the Member States to Turkish workers and members of their families must be interpreted as precluding the application of legislation of a Member State which makes entitlement to an early old-age pension in the event of unemployment conditional upon fulfilment of the requirement that the person concerned has received, within a certain period prior to his application for the pension, unemployment insurance benefits from that Member State alone. (see para. 68, operative part)