WRITTEN QUESTION No. 3163/98 by Mathieu GROSCH to the Commission. Arrangements for part-time employment following pregnancy for workers in Luxembourg
Date: 1998-10-19
Institutions: European Parliament, GROSCH
Subjects: Belgium, Luxembourg, equal treatment, family benefit, free movement of workers, frontier worker, housewife, maternity benefit, migrant worker, social security

21.5.1999

EN

Official Journal of the European Communities

C 142/99

(1999/C 142/120)

WRITTEN QUESTION E-3162/98

by Mathieu Grosch (PPE) to the Commission

(19 October 1998)

Subject: Sickness and care insurance for frontier workers

In cases C-120/95 and C-1548/96 the Court of Justice has ruled that the principles of freedom of
movement for goods and services also apply to medical treatment and services. Consider the case of a
frontier worker who lives in Belgium but works in Germany where he is also insured in accordance with
German law.

1. Regardless of the EU country in which the medical services are used, do the reimbursement rates

always depend on the tariffs in the country where the person is insured?

2.

3.

If so, does it not run counter to the judgments cited above if the social security scheme of the party
insured applies the reimbursement rates only in accordance with the rules of the country of origin?

Is it true that, while freedom of the market applies in accordance with the judgments of the Court of
Justice cited, above frontier workers are excluded from this and will continue to be subject to EEC
Regulation 1408/71?

4.

If so, what action is the Commission planning to take to remedy this as soon as possible?

Answer given by Mr Flynn on behalf of the Commission

(16 December 1998)

Under Articles 19 and 20 of Council Regulation (EEC) 1408/71 of 14 June 1971 on the application of
social security schemes to employed persons and their families moving within the Community (1), frontier
workers may choose to receive medical treatment in the Member State in which they reside, in accordance
with the legislation of that Member State, or in the Member State in which they work, as provided for by
the legislation of the latter Member State, without needing to obtain prior authorisation or being limited to
services in emergencies.

(1)

consolidated by Council Regulation (EC) 118/97 − OJ L 28, 30.1.1997.

(1999/C 142/121)

WRITTEN QUESTION E-3163/98

by Mathieu Grosch (PPE) to the Commission

(19 October 1998)

Subject: Arrangements for part-time employment following pregnancy for workers in Luxembourg

A Luxembourgish woman resident in Luxembourg can receive from the state of Luxembourg child
allowance after the birth of her child even if she is employed on a part-time basis or if she stops working
altogether. This allowance is covered by the child allowance scheme and is payable over two years.
A Belgian frontier worker who is resident in Belgium and works in Luxembourg and whose wife is a
Luxembourger has also applied for child allowance in Luxembourg on the grounds that his wife is still
working part time. Luxembourg has referred to its rules whereby the child allowance is payable only to
Luxembourgers or foreigners resident in Luxembourg.

Does this contravene Regulation (EEC) 1408/71 of the Council of 14 June 1971 on the application of

1.
social security schemes to employed persons and their families moving within the Community?