WRITTEN QUESTION E-1729/99

by Karl von Wogau (PPE-DE) to the Commission

(29 September 1999)

Subject: Compulsory health insurance for German students having their primary residence in Germany and studying in France

Is the Commission aware that, under Section 5(1)(9) of Volume V of Germany's Social Security Code, students at foreign universities are not included in the category of persons covered by the compulsory sickness insurance scheme for students (KVdS) and that, as a result, students at foreign universities are required to pay a higher voluntary sickness insurance contribution and are hence placed at a disadvantage? Is this provision compatible with EU law?

In the case before me, a German student from Freiburg has enrolled with a technical university in Belfort, France, some 70 km away. He still has his residence in Germany and commutes to Belfort. The sickness insurance fund has invoked the above provision in the Social Security Code to deny him access to the cheaper sickness insurance scheme for students. Instead, he must take out voluntary insurance (higher contributions) even although he is domiciled and ordinarily resident in the territory covered by the Social Security Code (Federal Republic of Germany) on the grounds that he is enrolled with a foreign university. Under the provisions of the Social Security Code, matriculation at a foreign university automatically means that membership of the cheaper sickness insurance scheme for students is denied.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(22 November 1999)

The Commission would inform the Honourable Member that Council Regulation (EC) No 307/1999 of 8 February 1999 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 with a view to extending them to cover students(1), which extended the personal scope of Regulation (EEC No 1408/71 as updated and amended by Council Regulation (EC) No 118/97 of 2 December 1996(2) to include students, entered into force on 1 May 1999.

Nevertheless, the specific case of German legislation not affiliating students at non-German universities who reside in Germany to the compulsory German sickness insurance scheme for students does not fall under the scope of Regulation (EEC) No 1408/71. As the Regulation does not harmonise the social security systems of Member States, Member States are free to determine the details of their own social security systems, e.g. the right or duty to be insured with a social security scheme. The determination of conditions to be fulfilled in order to be affiliated to a certain social security system therefore falls within the sole competence of Member States.

However, the Court of justice has held that Member States must nevertheless comply with Community law when exercising that power(3).

As the German provision seems to constitute an obstacle to the freedom of movement of people, specifically of students, the Commission will therefore examine the question in more detail.

The Commission is also aware of the situation of students who have taken out private insurance to fulfil the conditions regarding sickness insurance so as to obtain a residence permit and who are hence not covered by the above Regulation. A draft recommendation requesting Member States to make efforts to eliminate obstacles in this particular area is under preparation.

(1) OJ L 38, 12.2.1999.

(2) OJ L 28, 30.1.1997.

(3) See case C-18/95 Terhoeve v Inspecteur van de Belastingdienst Particulieren/Ondernemingen Buitenland [1999] ECR I-345, paragraph 34.