Opinion of the Advocate General — ECLI:EU:C:2001:361
Date: 2001-06-26
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 — Community rules — Persons covered — Mem­
bers of a worker's family — Right to rely on that capacity to take advantage of 
Community provisions on unemployment benefit — Excluded 
(Council Regulation No 1408/71, Arts 2(1) and 67 to 71a) 
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SUMMARY — CASE C-189/00 
It is clear from Case 40/76 Kermaschek 
that, even if Case C-308/93 Cabanis-Issarte 
is taken into account, a member of the 
family of a worker cannot avail himself, in 
his capacity as such, of Articles 67 to 71a 
of Regulation No 1408/71, in particular 
the special provisions laid down for frontier 
workers in Article 71(1)(a)(ii) thereof, 
which designate the Member State of 
residence as the competent State for the 
purpose of paying unemployment benefit. 
The Community legislature itself laid 
down, in Article 2(1) of Regulation 
No 1408/71, which defines the persons 
covered by the regulation, two clearly 
distinct categories of persons, workers on 
the one hand, and members of their 
families and their survivors on the other. 
It is established that that distinction deter­
mines the persons to whom many of the 
provisions of Regulation No 1408/71 
apply, some of which, such as those in 
Title III, Chapter 6 ('Unemployment Bene­
fits'), apply solely to workers. 
Furthermore, the Court's interpretation of 
Article 2(1) of Regulation No 1408/71 
does not, as such, have any impact on the 
worker's choice as to whether or not to 
exercise his right to freedom of movement. 
Therefore, the interpretation given by the 
Court of Justice in Kermaschek continues 
to hold good in relation to Article 2(1), in 
conjunction with Articles 67 to 71a, of 
Regulation No 1408/71. 
(see paras 21-24 and operative part) 
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