Keywords
Summary

Keywords

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1. Social security for migrant workers - Applicable legislation - Employed persons in receipt of an early-retirement pension established in a Member State other than that in which they were last employed - Inapplicability of provisions concerning employed persons - Consequences - Applicability as regards the grant of family benefits of residence conditions laid down in the legislation of the Member State in which the persons concerned were last employed - Continuance of compulsory affiliation to one of the branches of the national social security scheme of the Member State in which the persons concerned were last employed - No effect

(Council Regulation No 1408/71, Arts 13(2)(a) and 73)

2. Actions against Member States for failure to fulfil obligations - Subject-matter of the dispute - Delimitation during the preliminary administrative procedure - Subsequent extension - Not permissible

(EEC Treaty, Art. 169)

Summary

1. Article 13(2)(a) of Regulation No 1408/71, which is designed to resolve conflicts of legislation which may arise where, over the same period, the place of residence and the place of employment are not situated in the same Member State, does not apply in the case of an employed person who, after definitively ceasing all occupational activity, receives an early-retirement pension and resides in a Member State other than the one in which he was last employed. For that reason Article 73 of Regulation No 1408/71 is also not applicable to such a person, with the result that the residence conditions governing the grant of family benefits contained in the legislation of the Member State in which he was last employed may be relied on as against him, and the fact that he continues to be compulsorily insured under one of the branches of the national social security scheme has no effect on this situation.

2. The scope of an action brought under Article 169 of the Treaty is delimited both by the preliminary administrative procedure provided for by that article and by the form of order sought in the application. The scope of the action cannot be extended after the issue of the reasoned opinion, since the application and the reasoned opinion must be founded on the same grounds and submissions.