Keywords
Summary

Keywords

++++

1 . FREE MOVEMENT OF PERSONS - WORKERS - RELATED PROVISIONS - CRITERIA FOR INTERPRETATION

( EEC TREATY, ARTICLES 48 TO 51 )

2 . FREE MOVEMENT OF PERSONS - WORKERS - MANDATORY APPLICATION OF THE LEGISLATION OF THE STATE IN WHICH THE PERSON CONCERNED IS EMPLOYED

( EEC TREATY, ARTICLES 48 TO 51; REGULATION N . 3 OF THE COUNCIL OF THE EEC OF 25 SEPTEMBER 1958 CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS ( OFFICIAL JOURNAL OF 16 DECEMBER 1958 ), ARTICLE 12 )

3 . FREE MOVEMENT OF PERSONS - WORKERS - SIMULTANEOUS APPLICATION OF SEVERAL SYSTEMS OF LEGISLATION - ADMISSIBILITY OF PRINCIPLE - PERMISSIBILITY OF GRANT OF SUPPLEMENTARY PROTECTION BY WAY OF SOCIAL SECURITY BY A STATE OTHER THAN THAT IN WHICH THE PERSON CONCERNED IS EMPLOYED

Summary

1 . IN CASE OF DOUBT, MEASURES TAKEN IN IMPLEMENTATION OF ARTICLES 48 TO 51 OF THE TREATY MUST BE CONSTRUED SO AS TO AVOID PLACING MIGRANT WORKERS IN AN UNFAVOURABLE POSITION, PARTICULARLY WITH REGARD TO SOCIAL SECURITY .

2 . ARTICLE 12 OF REGULATION N . 3 OBLIGES THE STATE IN WHOSE TERRITORY WAGE-EARNERS OR ASSIMILATED WORKERS ARE EMPLOYED TO APPLY ITS LEGISLATION TO THEM .

3 . ARTICLE 12 OF REGULATION N . 3 DOES NOT PROHIBIT THE APPLICATION OF THE LEGISLATION OF A STATE OTHER THAN THAT IN WHICH THE INSURED PERSON WORKS EXCEPT TO THE EXTENT THAT IT REQUIRES THAT PERSON TO CONTRIBUTE TO THE FINANCING OF A SOCIAL SECURITY INSTITUTION WHICH IS UNABLE TO PROVIDE HIM WITH ADDITIONAL ADVANTAGES IN RESPECT OF THE SAME PERIOD .

IT IS ACCORDINGLY PERMISSIBLE FOR SUCH A STATE TO PROVIDE FOR THE GRANT OF RIGHTS TO BENEFITS IN FAVOUR OF THE INSURED PERSON EVEN IF HE ENJOYS, IN RESPECT OF THE SAME RISK AND PERIOD, SIMILAR RIGHTS UNDER THE LEGISLATION OF THE STATE IN WHICH HE WORKS .