CELEX: C2006/326/24
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-205/05: Judgment of the Court (Second Chamber) of 9 November 2006 (reference for a preliminary ruling from the Tribunal des affaires de sécurité sociale de Longwy — France) — Fabien Nemec v Caisse régionale d'assurance maladie du Nord-Est (Social security for migrant workers — Article 42 EC — Regulation (EEC) No 1408/71 — Article 58 — Allowance for workers exposed to asbestos — Calculation of cash benefits — Refusal to take account of pay earned in another Member State)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/12
            
         Judgment of the Court (Second Chamber) of 9 November 2006 (reference for a preliminary ruling from the Tribunal des affaires de sécurité sociale de Longwy — France) — Fabien Nemec v Caisse régionale d'assurance maladie du Nord-Est
   (Case C-205/05) (1)
   
   (Social security for migrant workers - Article 42 EC - Regulation (EEC) No 1408/71 - Article 58 - Allowance for workers exposed to asbestos - Calculation of cash benefits - Refusal to take account of pay earned in another Member State)
   (2006/C 326/24)
   Language of the case: French
   Referring court
   Tribunal des affaires de sécurité sociale de Longwy
   Parties to the main proceedings
   
      Applicant: Fabien Nemec
   
      Defendant: Caisse régionale d'assurance maladie du Nord-Est
   Re:
   Reference for a preliminary ruling — Tribunal des affaires de sécurité sociale de Longwy — Interpretation of Article 39 EC, Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland) (OJ 2004 L 166, p. 1) and Article 15 of Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (OJ English Special Edition 1972 (I), p. 159) — Failure to take pay earned in another Member State into account when calculating the amount of the allowance for asbestos workers in the case where that pay has not been subject to national social security contributions
   Operative part of the judgment
   Article 58(1) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 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 updated by Council Regulation (EC) No 118/97 of 2 December 1996, interpreted in accordance with the objective set out in Article 42 EC, requires that, in a situation such as that in the main proceedings, calculation of the ‘average wage or salary’, within the meaning of the first of those two provisions, takes into account the pay that the person concerned could reasonably have earned, given his subsequent employment record, had he continued to work in the Member State in which the competent institution is situated.
   
      (1)  OJ C 182, 23.07.2005.