Keywords

Summary



Keywords

1 . COMMUNITY LAW - UNIFORM APPLICATION - CONCEPTS - DEFINITION - OBJECTIVE CRITERIA IN COMMUNITY CONTEXT

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS AND MATERNITY BENEFITS - CONCEPT - DEFINITION - COMMUNITY CRITERIA - BENEFITS IN KIND UNDER LEGISLATION CONCERNING INVALIDITY - INCLUSION

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 4 ( 1 ) ( A ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - OBJECT - NATIONAL LEGISLATION MORE FAVOURABLE THAN COMMUNITY RULES - PERMISSIBILITY

( EEC TREATY , ART . 51 ; REGULATION NO 1408/71 OF THE COUNCIL )

4 . SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS INSURANCE - RECIPIENT OF AN INVALIDITY PENSION RESIDING IN ANOTHER MEMBER STATE - POWER OF THE COMPETENT INSTITUTION TO GRANT BENEFITS OF A MEDICAL OR SURGICAL NATURE - POWER UNAFFECTED BY COMMUNITY RULES

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 19 AND 28 ( 1 ))

Summary

1 . THE REQUIREMENT THAT COMMUNITY LAW BE APPLIED UNIFORMLY WITHIN THE COMMUNITY IMPLIES THAT THE CONCEPTS TO WHICH THAT LAW REFERS SHOULD NOT VARY ACCORDING TO THE PARTICULAR FEATURES OF EACH SYSTEM OF NATIONAL LAW BUT REST UPON OBJECTIVE CRITERIA DEFINED IN A COMMUNITY CONTEXT .

2 . THE CONCEPT OF ' ' SICKNESS AND MATERNITY BENEFITS ' ' APPEARING IN ARTICLE 4 ( 1 ) ( A ) OF REGULATION NO 1408/71 IS TO BE DETERMINED FOR THE PURPOSE OF APPLYING THE REGULATION , NOT ACCORDING TO THE TYPE OF NATIONAL LEGISLATION CONTAINING THE PROVISIONS GIVING THOSE BENEFITS , BUT IN ACCORDANCE WITH COMMUNITY RULES WHICH DEFINE WHAT THOSE BENEFITS SHALL CONSIST OF .

IT FOLLOWS THAT THE WORDS ' ' SICKNESS AND MATERNITY BENEFITS ' ' WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( A ) AND CHAPTER 1 OF TITLE III OF REGULATION NO 1408/71 MUST BE INTERPRETED AS INCLUDING BENEFITS UNDER LEGISLATION CONCERNING INVALIDITY WHICH ARE IN THE NATURE OF MEDICAL OR SURGICAL BENEFITS .

3 . THE ESSENTIAL OBJECT OF REGULATION NO 1408/71 ADOPTED UNDER ARTICLE 51 OF THE TREATY IS TO ENSURE THAT SOCIAL SECURITY SCHEMES GOVERNING WORKERS IN EACH MEMBER STATE MOVING WITHIN THE COMMUNITY ARE APPLIED IN ACCORDANCE WITH UNIFORM COMMUNITY CRITERIA . TO THIS END IT LAYS DOWN A WHOLE SET OF RULES FOUNDED IN PARTICULAR UPON THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF NATIONALITY OR RESIDENCE AND UPON THE MAINTENANCE BY A WORKER OF HIS RIGHTS ACQUIRED BY VIRTUE OF ONE OR MORE SOCIAL SECURITY SCHEMES WHICH ARE OR HAVE BEEN APPLICABLE TO HIM . TO INTERPRET REGULATION NO 1408/71 AS PROHIBITING NATIONAL LEGISLATION TO GRANT A WORKER SOCIAL SECURITY BROADER THAN THAT PROVIDED BY THE APPLICATION OF THE SAID REGULATION WOULD THEREFORE BE GOING BEYOND THAT OBJECTIVE , AND ALSO OUTSIDE THE PURPOSE AND SCOPE OF ARTICLE 51 .

4 . REGULATION NO 1408/71 , HAVING REGARD ALSO TO ARTICLES 19 AND 28 ( 1 ) THEREOF , DOES NOT FETTER THE POWER OF THE COMPETENT INSTITUTION OF A MEMBER STATE TO GRANT SICKNESS OR MATERNITY BENEFITS , WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( A ) OF THE SAID REGULATION , INCLUDING BENEFITS OF A MEDICAL OR SURGICAL NATURE , TO A PERSON WHO IS IN RECEIPT OF AN INVALIDITY PENSION UNDER THE LEGISLATION OF THAT MEMBER STATE AND WHO RESIDES IN THE TERRITORY OF ANOTHER MEMBER STATE .