CELEX: C1995/248/01
Language: en
Date: 1995-09-23 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 13 July 1995 in Case C-391/93 (reference for a preliminary ruling from the Bundessozialgericht (Germany)): Umberto Perrotta and Allgemeine Ortskrankenkasse München (Social security - Unemployed person authorized to stay in a Member State other than the competent Member State - Grant of sickness benefits - Extension of the period of stay)

23 . 9 . 95            EN                        Official Journal of the European Communities                                    No C 248 / 1
                                                                         I
                                                                  (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
               JUDGMENT OF THE COURT                                               schemes to employed persons, to self-employed persons
                          (First Chamber)                                          and to members of their families moving within the
                                                                                   Community, as amended and updated by Council
                          of 13 July 1995                                          Regulation (EEC) No 2001 /83, requires the competent
in Case C-391/93 ( reference for a preliminary ruling from                         institution to decide on a request for the extension of the
the Bundessozialgericht ( Germany)): Umberto Perrotta and                          period in respect of which sickness benefits are payable
          Allgemeine Ortskrankenkasse Miinchen (*)                                 even though that request has not been made expressly by
(Social security — Unemployedperson authorized to stay in                          the unemployed person but may be inferred from an
a Member State other than the competent Member State —                             application for cash sickness benefits lodged shortly
Grant of sickness benefits — Extension of the period of                            before the expiry of the period referred to in Article 25
                                  stay)                                            (1 ) of the Regulation with the sickness insurance
                                                                                   institution of the place where the unemployed person
                             ( 95/C 248/01 )                                       has gone;
                (Language of the case: German)
                                                                            2 . in ascertaining whether there is a case of force majeure
 (Provisional translation; the definitive translation will be                      within the meaning of Article 25 (4) of Regulation
          published in the European Court Reports)                                 (EEC) No 1408/71 , the competent institution must
                                                                                   conduct an appraisal of the circumstances of the case in
                                                                                   order to determine whether the unemployed person may
In Case C-391 /93 : reference to the Court under Article 177                       reasonably be required to return to the competent State,
 of the EEC Treaty by the Bundessozialgericht ( Germany )                          regard being had not only to the risks that his state of
 for a preliminary ruling in the proceedings pending before                        health may significantly deteriorate or his chances of
 that court between Umberto Perrotta and Allgemeine                                recovery diminish as a result of the return journey, but
 Ortskrankenkasse Miinchen, on the interpretation of                               also to the severity of the ordeal which he would thereby
 Articles 25 ( 1 ) and ( 4 ) and 69 ( 1 ) ( c ) of Council Regulation              be forced to endure, given, first, that the concept offorce
 (EEC) No 1408/71 of 14 June 1971 on the application of                            majeure cannot be limited to the absolute impossibility
 social security schemes to employed persons, to                                   of returning to the competent State and, second, that
 self-employed persons and to members of their families                            physical ability to travel cannot as such preclude a
 moving within the Community ( 2 ), as amended and updated                         finding of force majeure .
 by Council Regulation ( EEC ) No 2001 /83 ( 3 ) — the Court
 ( First Chamber ), composed of: P. Jann, President of the
 Chamber, D. A. O. Edward ( Rapporteur ), and L. Sevon,                      ( ] ) OJ No C 274 , 12 . 10 . 1993 .
 Judges; F. G. Jacobs, Advocate General ; H. A. Riihl ,                      (2 ) OJ No L 149 , 5 . 7. 1971 , p. 2 .
 Principal Administrator, for the Registrar, has given a                     ( 3 ) OJ No L 230 , 22 . 8 . 1983 , p . 6 .
 judgment on 13 July 1995 , in which it rules:
  1 . Article 25 (4) of Council Regulation (EEC) No 1408/71
      of 14 June 1971 on the application of social security