Keywords

Summary



Keywords

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1. Social security for migrant workers - Community rules - Scope ratione personae - Professional soldier on active service subject to the general insurance scheme for employed persons - Inclusion - Required cover limited by national legislation to one specific branch of social security - Immaterial

(Regulation No 1408/71, Art. 2(3))

2. Social security for migrant workers - Activities as a person "employed" within the meaning of Article 14c of Regulation No 1408/71 - Definition - Employment as a civil servant in a Member State of a person falling within the scope of the regulation - Inclusion

(EEC Treaty, Art. 48; Regulation No 1408/71 of the Council, Art. 14c)

3. Social security for migrant workers - Legislation applicable - Worker employed in one Member State but simultaneously self-employed in another Member State - Subject to the legislation of the first State - Required cover in respect of activities as a person "employed" limited to one specific branch of social security - No effect on application of the legislation concerning self-employed activities

(Regulation No 1408/71 of the Council, Art. 14c and d)

Summary

1. A professional soldier on active service in a Member State is a person covered by Regulation No 1408/71 if, under national law, he is subject to the medical care provisions of the general sickness and invalidity insurance scheme for employed persons.

It is immaterial that a person in that situation is subject to only one specific branch of social security; if the branch of social security in question is part of legislation to which the regulation applies within the meaning of Article 2(3), the person covered thereby is properly subject to that legislation, with the consequence that he falls within the scope ratione personae of the regulation

2. In the scheme of the Treaty civil servants are regarded as employed persons. On the one hand, the Community meaning of the term "worker" within the meaning of Article 48 of the Treaty must be defined in accordance with objective criteria which distinguish the employment relationship, the essential feature of which is that a person performs services for and under the direction of another person in return for which he receives remuneration. On the other hand, both the position in the Treaty and the wording of Article 48(4), which refers to employment in the public service in order to exclude it from its scope of application, without distinguishing between employment as civil servants and employment as other staff, show that civil servants are counted as employees or salaried workers.

It follows that employment as a civil servant of a person falling within the scope of Regulation No 1408/71 is an activity as a person "employed" within the meaning of Article 14c, which lays down special rules applicable to persons simultaneously employed in the territory of one Member State and self-employed in the territory of another Member State.

3. A person who is simultaneously employed in one Member State and self-employed in another must, pursuant to Article 14c and d of Regulation No 1408/71 be subject, as a result of the latter activity, to the appropriate legislation of the first Member State under the same conditions as if he was self-employed there too. The fact that, in respect of his salaried employment, the legislation to which Regulation No 1408/71 is applicable is limited to certain branches of social security has no effect on the application of the legislation concerning the self-employed activity.

The provisions of Title II of the regulation, of which the said article forms part, constitute a complete and uniform system of conflict rules the aim of which is to ensure that workers moving within the Community shall be subject to the social security scheme of only Member State, in order to prevent more than one legislative system from being applicable and to avoid the complications which may result from that situation.