Judgment of the Court of 9 October 1974. - Caisse régionale d'assurance maladie de Paris v Giuseppina Biason. - Preliminary ruling requested by the Cour d'appel de Paris - France. - Case 24-74.
European Court reports 1974 Page 00999
Greek special edition Page 00431
Portuguese special edition Page 00451
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
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1 . REQUEST FOR A PRELIMINARY RULING - EFFECTS OF A NATIONAL LAW AS AGAINST COMMUNITY LAW - POWERS OF THE COURT - LIMITS
( EEC TREATY, ARTICLE 177 )
2 . SOCIAL SECURITY FOR MIGRANT WORKERS - SYSTEMS OF SOCIAL SECURITY AND OF SOCIAL ASSISTANCE - DISTINCTION - INVALIDITY PENSION - SUPPLEMENTARY ALLOWANCE - BENEFIT WITHIN THE MEANING OF ARTICLE 1 ( S ) OF REGULATION NO 3 - PERSON ENTITLED - TRANSFER OF RESIDENCE TO ANOTHER MEMBER STATE - ENTITLEMENT TO CONTINUED PAYMENT OF ALLOWANCE
( REGULATION NO 3, ARTICLE 1 ( B ), ARTICLE 1 ( C ), ARTICLE 3, ARTICLE 10 ( 1 ))
Summary
1 . THE COURT CAN PROVIDE THE NATIONAL COURT WITH AIDS TO INTERPRETATION DERIVED FROM COMMUNITY LAW WHICH MIGHT GUIDE IT IN AN ASSESSMENT OF THE EFFECTS OF A NATIONAL LEGISLATION .
2 . WHERE A LEGISLATION WHICH COMES CLOSE TO BOTH A SYSTEM OF SOCIAL SECURITY AND A SYSTEM OF SOCIAL ASSISTANCE HAS CEASED TO CONCERN ITSELF WITH THE ASSESSMENT OF NEED IN THE INDIVIDUAL CASE - A CHARACTERISTIC FEATURE OF A SYSTEM OF ASSISTANCE - AND HAS CONFERRED ON THE PERSONS ENTITLED A LEGALLY DEFINED POSITION, THEN IT COMES UNDER THE SYSTEM OF SOCIAL SECURITY WITHIN THE MEANING OF THE COMMUNITY REGULATIONS .
THIS IS THE REASON WHY A SUPPLEMENTARY ALLOWANCE, PAID BY A NATIONAL SOLIDARITY FUND ON THE BASIS OF AN INVALIDITY PENSION TO PERSONS ENTITLED TO SUCH PENSION, CONSTITUTES, TO THE EXTENT THAT THE PERSONS CONCERNED HAVE A LEGALLY PROTECTED RIGHT TO THE GRANT THEREOF, A 'BENEFIT' WITHIN THE MEANING OF ARTICLE 1 ( S ) OF REGULATION NO 3, AND FOR THAT REASON FALLS WITHIN THE MATTERS COVERED BY THIS REGULATION .
A PERSON WHO TRANSFERS HIS RESIDENCE TO ANOTHER MEMBER STATE IS ENTITLED TO CONTINUE TO RECEIVE THIS BENEFIT EVEN IF SUCH SUPPLEMENTARY ALLOWANCE IS BY NATIONAL LEGISLATION LIMITED TO PERSONS RESIDING WITHIN THE NATIONAL TERRITORY .
Parties
IN CASE 24/74
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COUR D'APPEL OF PARIS FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
CAISSE REGIONAL D'ASSURANCE MALADIE DE PARIS, OF PARIS,
AND
MISS GIUSEPPINA BIASON, OF PORDENONE ( ITALY ),
Subject of the case
ON THE INTERPRETATION OF THE PROVISIONS OF REGULATION NO 3 OF THE COUNCIL 'CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS' SO AS TO DEFINE THE RULES APPLICABLE TO THE EXPORTATION OF SOCIAL BENEFITS .
Grounds
1 BY JUDGMENT DATED 2 MARCH 1974, LODGED AT THE REGISTRY ON 20 MARCH 1974, THE COUR D'APPEL OF PARIS HAS REFERRED TO THE COURT, UNDER ARTICLE