Keywords
Summary

Keywords

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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - PERSONS ENTITLED TO BENEFIT - CONCEPT

( REGULATION NO 3, ARTICLE 4 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFIT PAYABLE UNDER THE LEGISLATION OF ONE MEMBER STATE FOR AN INJURY SUSTAINED IN THE TERRITORY OF ANOTHER STATE - SUBROGATION OF THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT - CONNEXION BETWEEN THE INJURY SUSTAINED BY THE WORKER AND HIS PROFESSIONAL OR TRADE ACTIVITY NOT REQUIRED

( REGULATION NO 3, ARTICLE 52 )

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFIT PAYABLE UNDER THE LEGISLATION OF ONE MEMBER STATE FOR INJURY SUSTAINED IN THE TERRITORY OF ANOTHER STATE - SUBROGATION OF THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT - LEGAL PROCEEDINGS BEFORE THE NATIONAL COURT OF THAT INSTITUTION - CONFORMITY WITH THE APPLICATION OF ARTICLE 52 OF REGULATION NO 3 .

4 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFIT PAYABLE UNDER THE LEGISLATION OF ONE MEMBER STATE IN RESPECT OF AN INJURY SUSTAINED IN THE TERRITORY OF ANOTHER STATE - PURPOSE OF ARTICLE 52 OF REGULATION NO 3 - DIRECT APPLICATION OF THE FIRST PARAGRAPH OF THAT ARTICLE - BILATERAL AGREEMENTS WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 52 - FUNCTION

Summary

1 . REGULATION NO 3 IS APPLICABLE TO ANY WAGE - EARNER OR ASSIMILATED WORKER WHO FINDS HIMSELF IN ONE OF THE SITUATIONS INVOLVING INTERNATIONAL ELEMENTS AS PROVIDED FOR IN THE SAID REGULATION, AS WELL AS TO HIS SURVIVORS .

2 . THE PROVISIONS OF ARTICLE 52 OF REGULATION NO 3 ARE APPLICABLE EVEN WHEN THE INJURY SUSTAINED BY THE WORKER HAS NO CONNEXION WITH HIS PROFESSIONAL OR TRADE ACTIVITY .

3 . ARTICLE 52 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC IS ALSO APPLICABLE TO CASES IN WHICH THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT COMMENCES PROCEEDINGS BEFORE ITS NATIONAL COURT .

4 . THE OBJECT OF ARTICLE 52 IS TO SECURE THE RECOGNITION BY EACH MEMBER STATE OF ANY RIGHT OF ACTION PURSUED BY THE OTHERS IN FAVOUR OF THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT ACTING AGAINST THE THIRD PARTY LIABLE, EITHER BY MEANS OF SUBROGATION OR ANY OTHER LEGAL METHOD .

THE PROVISIONS OF THE FIRST PARAGRAPH OF ARTICLE 52 ARE WORDED IN PEREMPTORY TERMS AND ARE CAPABLE OF DIRECT APPLICATION . THE SOLE FUNCTION OF BILATERAL AGREEMENTS AS REFERRED TO IN THE SECOND PARAGRAPH OF THAT ARTICLE IS TO PROVIDE FOR THEIR IMPLEMENTATION, WHERE NECESSARY, WITHOUT HOWEVER RENDERING THE DIRECT EFFECT OF THE PROVISION IN QUESTION SUBORDINATE TO THEM .