Keywords
Summary

Keywords

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Social security for migrant workers - Equal treatment - National provision laying down a reference period for entitlement to invalidity benefits - Whether permissible - Possibility of prolonging the reference period - Prolongation not allowed when the events or circumstances on which entitlement is based arise in another Member State - Disguised discrimination - Not permissible

(EEC Treaty, Arts 48(2) and 51)

Summary

Articles 48(2) and 51 of the EEC Treaty must be interpreted as not preventing the national legislature from amending the conditions for the grant of an invalidity pension and making them stricter by providing for a reference period prior to the occurrence of the invalidity during which the insured person must have exercised an activity subject to compulsory insurance and paid a minimum number of contributions in order to be entitled to an invalidity pension, provided that the conditions adopted do not entail overt or disguised discrimination between Community workers.

However, by virtue of those articles, where it allows prolongation of the reference period in certain circumstances, it is unlawful for such legislation not to provide for the possibility of prolongation where the events or circumstances corresponding to those which make prolongation possible arise in another Member State since, by failing to do so, such legislation, even if formally applicable to all Community workers, is liable to have a much greater adverse effect on migrant workers, who, particularly in case of sickness or unemployment, tend to return to their countries of origin, and may dissuade them from exercising their right of free movement.