Opinion of the Advocate General — ECLI:EU:C:1998:443
Date: 1998-09-29
Language of the case: English
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment
Social security for migrant workers — Special non-contributory benefits — Coordination rules set
out in Article 10a of Regulation No 1408/71 — Entitlement to benefits subject to a residence
requirement — Where 'habitual residence' presupposes not only an intention to reside, but also
completion of an appreciable period of residence — Not permissible
(Council Regulation No 1408/71, Arts 1(h) and 10a)
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SUMMARY — CASE C-90/97
Article 10a of Regulation No 1408/71, as
amended and updated by Regulation
No 2001/83, as amended by Regulation No
1247/92, read together with Article 1(h)
thereof, precludes the Member State of origin
— in the case of a person who has exercised
his right to freedom of movement in order to
establish himself in another Member State, in
which he has worked and set up his habitual
residence, and who has returned to his Member
State of origin, where his family lives, in order
to seek work — from making entitlement to
one of the benefits referred to in Article 10a
of Regulation No 1408/71 conditional upon
'habitual residence' in that State, which pre­
supposes not only an intention to reside there,
but also completion of an appreciable period
of residence there.
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