W. Jordens-Vosters v Bestuur van de Bedrijfsvereniging voor de Leder- en Lederverwerkende Industrie.
Date: 1980-01-10
6 IT IS WELL ESTABLISHED THAT THE REQUIREMENT THAT COMMUNITY LAW BE APPLIED UNIFORMLY WITHIN THE COMMUNITY IMPLIES THAT THE CONCEPTS TO WHICH THAT LAW REFERS SHOULD NOT VARY ACCORDING TO THE PARTICULAR FEATURES OF EACH SYSTEM OF NATIONAL LAW BUT REST UPON OBJECTIVE CRITERIA DEFINED IN A COMMUNITY CONTEXT . IN ACCORDANCE WITH THIS PRINCIPLE , THE CONCEPT OF ' ' SICKNESS AND MATERNITY BENEFITS ' '  APPEARING IN ARTICLE 4 ( 1 ) ( A ) OF REGULATION NO 1408/71 IS TO BE DETERMINED FOR THE PURPOSE OF APPLYING THE REGULATION NOT ACCORDING TO THE TYPE OF NATIONAL LEGISLATION CONTAINING THE PROVISIONS GIVING THOSE BENEFITS , BUT IN ACCORDANCE WITH COMMUNITY RULES WHICH DEFINE WHAT THOSE BENEFITS SHALL CONSIST OF .
11 THE ESSENTIAL OBJECT OF REGULATION NO 1408/71 ADOPTED UNDER ARTICLE 51 OF THE TREATY IS TO ENSURE THAT SOCIAL SECURITY SCHEMES GOVERNING WORKERS IN EACH MEMBER STATE MOVING WITHIN THE COMMUNITY ARE APPLIED IN ACCORDANCE WITH UNIFORM COMMUNITY CRITERIA . TO THIS END IT LAYS DOWN A WHOLE SET OF RULES FOUNDED IN PARTICULAR UPON THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF NATIONALITY OR RESIDENCE AND UPON THE MAINTENANCE BY A WORKER OF HIS RIGHTS ACQUIRED BY VIRTUE OF ONE OR MORE SOCIAL SECURITY SCHEMES WHICH ARE OR HAVE BEEN APPLICABLE TO HIM . TO INTERPRET REGULATION NO 1408/71 AS     PROHIBITING NATIONAL LEGISLATION TO GRANT A WORKER SOCIAL SECURITY BROADER THAN THAT PROVIDED BY THE APPLICATION OF THE SAID REGULATION WOULD THEREFORE BE GOING BEYOND THAT OBJECTIVE , AND ALSO OUTSIDE THE PURPOSE AND SCOPE OF ARTICLE 51 .
12 NOR DOES SUCH AN INTERPRETATION GATHER ANY SUPPORT FROM EITHER THE LETTER OR THE SPIRIT OF ARTICLES 19 AND 28 ( 1 ) OF REGULATION NO 1408/71 . ARTICLE 19 ( 1 ) ( A ) LAYS DOWN THAT BENEFITS IN KIND TO WHICH A WORKER RESIDING WITHIN THE TERRITORY OF A MEMBER STATE OTHER THAN THE COMPETENT STATE IS ENTITLED SHALL BE PROVIDED ON BEHALF OF THE COMPETENT INSTITUTION BY THE INSTITUTION OF THE PLACE OF RESIDENCE IN ACCORDANCE WITH LEGISLATION ADMINISTERED BY THAT INSTITUTION AS THOUGH HE WERE INSURED WITH IT AND ARTICLE 19 ( 2 ) EXTENDS THOSE RULES TO MEMBERS OF THE WORKER ' S FAMILY WHO ARE RESIDING IN THE TERRITORY OF A MEMBER STATE OTHER THAN THE COMPETENT STATE . ARTICLE 28 ( 1 ) EMBODIES THE SAME PRINCIPLE BY PROVIDING SIMILAR RULES AS REGARDS INTER ALIA RECIPIENTS OF A PENSION RESIDING IN THE TERRITORY OF A MEMBER STATE OTHER THAN THE COMPETENT STATE . THESE PROVISIONS ESSENTIALLY CONFINE THEMSELVES TO LAYING DOWN ' ' RULES OF CONFLICT ' '  ENABLING THE DETERMINATION , IN REGARD TO A WORKER OR RECIPIENTS OF A PENSION RESIDING IN A MEMBER STATE OTHER THAN THE COMPETENT STATE , OF THE INSTITUTION RESPONSIBLE FOR THE PAYMENT OF THE BENEFITS THEREIN MENTIONED AS WELL AS THE LAW APPLICABLE . IN THESE CIRCUMSTANCES , IT WOULD BE MISCONSTRUING THE LETTER AND THE SPIRIT OF ARTICLES 19 AND 28 ( 1 ) TO INTERPRET THEM AS PROHIBITING THE COMPETENT INSTITUTION TO GRANT SOCIAL BENEFITS TO A WORKER OR A RECIPIENT OF A PENSION WHICH ARE MORE FAVOURABLE THAN THOSE WHICH IT IS BOUND TO PROVIDE FOR THEM UNDER THE COMMUNITY RULES IF THE NATIONAL LEGISLATION WHICH THAT INSTITUTION APPLIES ENABLES IT IN PARTICULAR CIRCUMSTANCES TO GRANT SUCH ADDITIONAL SOCIAL SECURITY TO THOSE INSURED PERSONS .
13 IT MATTERS LITTLE THAT IN THIS CASE A WORKER OR A RECIPIENT OF THE PENSION IN QUESTION RESIDES IN THE TERRITORY OF A MEMBER STATE OTHER THAN THE COMPETENT STATE . ALTHOUGH UNDER ARTICLES 19 AND 28 ( 1 ) OF REGULATION NO 1408/71 SUCH A FACTOR IS DECISIVE FOR THE DETERMINATION OF THE INSTITUTION RESPONSIBLE FOR THE PROVISION OF THE BENEFITS TO WHICH THE INSURED PERSON IS ENTITLED AND OF THE LAW APPLICABLE TO THE PROVISION OF THOSE BENEFITS , FOR THE REASONS SET OUT ABOVE , IT HAS NO BEARING ON THE GRANT BY THE RELEVANT LEGISLATION OF ADDITIONAL SOCIAL BENEFITS TO WHICH THE INSURED PERSON IS NOT ENTITLED BUT WHICH THE COMPETENT INSTITUTION MAY ALLOW HIM OR HER .