CELEX: E2004J0003
Language: en
Date: 2004-12-14
Title: Judgment of the Court of  14 December 2004  in Case E-3/04 Tsomakas Athanasios and Others with Odfjell ASA as an accessory intervener and The Norwegian State, represented by Rikstrygdeverket (The National Insurance Administration)  (Freedom of movement for workers — social security for migrant workers — Title II of Regulation (EEC) No 1408/71 — form E 101 — Article 3 EEA)

23.2.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/12
            
         
      JUDGMENT OF THE COURT
   
   of 14 December 2004
   in Case E-3/04 Tsomakas Athanasios and Others with Odfjell ASA as an accessory intervener and The Norwegian State, represented by Rikstrygdeverket (The National Insurance Administration)
   
      (Freedom of movement for workers — social security for migrant workers — Title II of Regulation (EEC) No 1408/71 — form E 101 — Article 3 EEA)
   
   (2006/C 45/08)
   In Case E-3/04 between Tsomakas Athanasios and Others with Odfjell ASA as an accessory intervener and The Norwegian State, represented by Rikstrygdeverket — REQUEST to the Court by Gulating lagmannsrett (Gulating Court of Appeal), on the interpretation of Regulation (EEC) No 1408/71, the Court, composed of Carl Baudenbacher, President, Per Tresselt and Thorgeir Örlygsson (Judge-Rapporteur), Judges, gave judgment on 14 December 2004, the operative part of which is as follows:
   It is not compatible with the choice of law rules contained in Title II of Regulation (EEC) 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, as amended and as referred to in Annex VI, point 1 to the EEA Agreement, that a flag State proceeds from the premises that a State of residence must have issued a form E 101 or a statement containing equivalent information, for the legislation of the State of residence to apply in accordance with Article 14b(4), and that in the absence of such documentation, the legislation of the flag State shall apply in accordance with Article 13(2)(c).