WRITTEN QUESTION No. 3261/98 by Sérgio RIBEIRO German care insurance
Date: 1998-10-28
Institutions: European Parliament, RIBEIRO
Subjects: Germany, administrative cooperation, free movement of persons, migrant worker, pension scheme, public awareness campaign, residence, social security, social-security contribution, transfer of pension rights

C 320/34

Official Journal of the European Communities

EN

6.11.1999

(1999/C 320/045)

WRITTEN QUESTION E-3261/98

by Sérgio Ribeiro (GUE/NGL) to the Commission

(28 October 1998)

Subject: German care insurance

On 5 November 1996, I asked the Commission (E-3178/96 (1)) about the German authorities’ decision to
withdraw the right to care insurance for persons who, although they had made the relevant social security
contributions, had left German territory, a decision which mainly affected migrant workers from other
Member States.

The Commission’s reply of 21 January 1997 stated that it proposed to await the preliminary ruling by the
Court of Justice as to whether German care insurance provisions were compatible with Community law (Case
C-160/96, Molenaar).

Now that the Court of Justice has handed down its judgment of 5 March 1998, which states that ‘Articles
19(1), 25(1) and 28(1) of Council Regulation (EEC) 1408/71 (2) of 14 June 1971 ... as amended and updated by
Council Regulation (EEC) 2001/83 (3) of 2 June 1983, do prevent entitlement to an allowance such as the care
allowance, which constitutes a sickness benefit in cash, from being subject to the condition that the insured
person resides in the territory of the Member State where he is insured’, what action has been or will be taken
by the Commission to establish equal treatment for workers in Germany?

(1) OJ C 138, 5.5.1997, p. 32.
(2) OJ L 149, 5.7.1971, p. 2.
(3) OJ L 230, 22.8.1984, p. 86.

Answer given by Mr Flynn on behalf of the Commission

(29 January 1999)

In its judgment of 5 March 1998 in case C-160/96 (Molenaar), the Court of Justice ruled that the care
allowances in question are sickness benefits in cash.

This interpretation means that anyone who receives only a German pension and resides in another Member
State may benefit from the right to export care benefits (Article 28 of Council Regulation (EEC) 1408/71 of
14 June 1971 on the application of social security schemes to employed persons and to members of their
families moving within the Community (1)). However, where a person receives two or more pensions, the first
issue is to decide which Member State is responsible for sickness benefits in cash. If a person resides in a
Member State which also pays him or her a pension, it is that Member State which is responsible (Article 27 of
Regulation (EEC) 1408/71).

Under these circumstances, it cannot be ruled out that a person who receives a German pension but, for
example, resides in and receives a pension from his or her Member State of origin may not be entitled to export
German care benefits.

Under Article 3 of Regulation (EEC) 1408/71, a person working in Germany is entitled to enjoy the same
benefits under German legislation as German nationals.

In the action plan for free movement of workers (2), the Commission has undertaken to propose improve-
ments to the general legal framework (including a reform of the rules on the coordination of social security
schemes), to promote cooperation between national authorities, and to improve information for European
citizens.

(1) OJ L 149, 5.7.1971.
(2) COM(97) 586 final.