Opinion of the Advocate General — ECLI:EU:C:2006:475
Date: 2006-07-13
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment Social security for migrant workers – Special non-contributory benefits (Council Regulation No 1408/71, Arts 4(2a) and (10a), and Annex IIa) A supplementary allowance under French legislation from the Fonds de solidarité viellesse (Old-age Solidarity Fund), which augments an old-age pension and is intended to ensure a minimum means of subsistence for its recipient where the retirement pension is insufficient, and which is mentioned, under the heading ‘France’ in Annex IIa to Regulation No 1408/71 as amended and updated by Regulation No 118/97, constitutes a special benefit. Examination of the method of financing the supplementary allowance, on the basis of the information in the file submitted to the Court, shows that there is no sufficiently identifiable link between general social contributions, from which the resources of the Fonds de solidarité viellesse esssentially come, and the benefit concerned, which leads to the conclusion that the supplementary allowance is non-contributory. First, it is apparent that that Fund, which makes available the resources necessary for the supplementary allowance, has the task, according to the relevant national legislation, of assuming responsibility for non-contributory old-age benefits covered by national solidarity, of which the supplementary allowance is only a limited part. Second, whilst it is true that general social contributions in respect of earned income and substitute income constitute a substantial part of the Fund’s revenue, the fact remains that that revenue also comes from other contributions and levies of a fiscal nature. Third, general social contributions in respect of earned income and substitute income serves to finance not only the Fund but also other social schemes. Fourth, the conditions for grant and the methods of calculating the supplementary allowance are not fixed by reference to any contribution as regards its recipients. However, it is for the national court to confirm the accuracy of the factors set out above in order to determine conclusively whether that benefit is contributory or non-contributory. (see paras 33-34, 48-53, 61, operative part)