Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - DISCRIMINATION ON GROUND OF NATIONALITY - PROHIBITION - DIRECT EFFECT

( EEC TREATY , ARTS . 7 AND 48 ; REGULATION NO 1408/71 OF THE COUNCIL , ART . 3 ( 1 ))

2 . COMMUNITY LAW - PRINCIPLE OF NON-DISCRIMINATION ON GROUND OF NATIONALITY - DISPARITIES IN TREATMENT RESULTING FROM DIVERGENCES BETWEEN LAWS OF MEMBER STATES - EXCLUSION

( EEC TREATY , ARTS . 7 AND 48 )

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS INSURANCE - CASH BENEFITS - LOSS OR SUSPENSION OF RIGHT - GROUND - FACTS OCCURRING IN TERRITORY OF COMPETENT STATE - ANALOGOUS FACTS OCCURRING IN ANOTHER MEMBER STATE - TREATMENT AS EQUIVALENT - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ARTS . 7 AND 48 ; REGULATION NO 1408/71 OF THE COUNCIL , ART . 3 ( 1 ), ART . 19 ( 1 ) ( B ) AND ART . 22 ( 1 ) ( A ) ( II ))

Summary

1 . WITHIN THE SCOPE OF APPLICATION OF REGULATION NO 1408/71 THE FIRST PARAGRAPH OF ARTICLE 7 OF THE TREATY , AS IMPLEMENTED BY ARTICLE 48 OF THE TREATY AND ARTICLE 3 ( 1 ) OF THAT REGULATION , IS DIRECTLY APPLICABLE IN MEMBER STATES .

2 . BY PROHIBITING EVERY MEMBER STATE FROM APPLYING ITS LAW DIFFERENTLY ON THE GROUND OF NATIONALITY , WITHIN THE FIELD OF APPLICATION OF THE TREATY , ARTICLES 7 AND 48 ARE NOT CONCERNED WITH ANY DISPARITIES IN TREATMENT WHICH MAY RESULT , BETWEEN MEMBER STATES , FROM DIVERGENCES EXISTING BETWEEN THE LAWS OF THE VARIOUS MEMBER STATES , SO LONG AS THE LATTER AFFECT ALL PERSONS SUBJECT TO THEM IN ACCORDANCE WITH OBJECTIVE CRITERIA AND WITHOUT REGARD TO THEIR NATIONALITY .

3 . ARTICLES 7 AND 48 OF THE TREATY AND ARTICLE 3 ( 1 ) OF REGULATION NO 1408/71 DO NOT PROHIBIT THE TREATMENT BY THE INSTITUTIONS OF MEMBER STATES OF CORRESPONDING FACTS OCCURRING IN ANOTHER MEMBER STATE AS EQUIVALENT TO FACTS WHICH , IF THEY OCCUR IN THE NATIONAL TERRITORY , CONSTITUTE A GROUND FOR THE LOSS OR SUSPENSION OF THE RIGHT TO CASH BENEFITS ; THE DECISION ON THIS MATTER IS FOR THE NATIONAL AUTHORITIES , PROVIDED THAT IT APPLIES WITHOUT REGARD TO NATIONALITY AND THAT THOSE FACTS ARE NOT DESCRIBED IN SUCH A WAY THAT THEY LEAD IN FACT TO DISCRIMINATION AGAINST NATIONALS OF THE OTHER MEMBER STATES .