Opinion of the Advocate General — ECLI:EU:C:2000:92
Date: 2000-02-17
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 — Equal treatment — National legislation fixing, in 
connection with the transfer to another Member State of a cash benefit, a higher minimum 
amount than that paid within the country — Payment to be sent to another Member State 
not involving higher expenses — Unlawful 
(Regulation No 1408/71 of the Council, Art. 3(1), and Council Regulation No 1945/93) 
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SUMMARY — CASE C-124/99 
The principle of equal treatment, as laid 
down in Article 3(1) of Regulation 
No 1408/71, as amended by Regulation 
No 1945/93, precludes national legislation 
which fixes the minimum amount of a cash 
benefit that can be paid to a Community 
national residing in another Member State 
at a higher level than that required where 
that payment is made within the same 
Member State, in circumstances where the 
payment to be sent to another Member 
State does not involve expenses higher than 
those incurred in respect of the payment of 
the same benefit within the first Member 
State. 
(see para. 35 and operative part) 
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