Opinion of the Advocate General — ECLI:EU:C:2007:731
Date: 2007-11-29
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 – Legislation applicable – Legislation of the Member State of employment (Art. 42 EC; Council Regulation No 1408/71, as amended by Regulation No 647/2005, Art. 13(2)(a)) Article 13(2)(a) of Regulation No 1408/71, as amended by Regulation No 647/2005, under which a person employed in the territory of one Member State is to be subject to the legislation of that State even if he resides in the territory of another Member State, must be interpreted in the light of Article 42 EC which aims to facilitate freedom of movement for workers and entails, in particular, that migrant workers must not lose their right to social security benefits or have the amount of those benefits reduced because they have exercised the right to freedom of movement conferred on them by the Treaty. Therefore that article does not preclude a migrant worker, who is subject to the social security scheme of the Member State of employment, from receiving, pursuant to the national legislation of the Member State of residence, child benefit in the latter State. It is for the referring court to determine whether the fact that a worker returns at the end of each working day to the family residence in the Member State concerned is relevant for the purposes of deciding whether such a worker satisfies the requirements for the grant of the child benefit in question in that State pursuant to its legislation. (see paras 29, 33, 37, operative part 1-2)