Keywords
Summary

Keywords

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1 . Social security for migrant workers - Community rules - Persons covered - National of a non-member country who lost the nationality of a State before it became a member of the Community - Excluded ( Council Regulation No 1408/71, Art . 2(1 ) )

2 . Social security for migrant workers - Principle of equal treatment - Not applicable to a person entitled to a social security benefit who is excluded from the scope of Regulation No 1408/71

( EEC Treaty, Art . 7; Council Regulation No 1408/71, Art . 3(1 ) )

3 . Social security for migrant workers - Benefits - Residence clauses - Waiver - Limits - Residence in a Member State - National legislation making payment of a retirement pension to persons residing in a non-member country conditional upon the requirement of reciprocity

( EEC Treaty, Art . 51(b ); Council Regulation No 1408/71, Art . 10 )

Summary

1 . The status of "national" of "one of the Member States" required by Article 2(1 ) of Regulation No 1408/71 must be considered in relation to the period in which the worker pursued his occupation .

That condition of nationality cannot be regarded as fulfilled where the worker in question was, at the time when he pursued his occupation and paid his contributions, a national of a State which was not yet a member of the Community and he lost the nationality of that State before its accession to the Community .

Where a person entitled to social security benefits guaranteed by the legislation of a Member State by reason of his having pursued an occupation as a self-employed person in a territory which at the material time maintained special relations with a Member State must therefore be regarded as not fulfilling that nationality requirement, his situation not being covered by Regulations Nos 1408/71 and 574/72 .

2 . The principle of non-discrimination laid down in the first paragraph of Article 7 of the EEC Treaty and implemented in matters of social security by Article 3(1 ) of Regulation No 1408/71 is not applicable, by virtue of the very terms of that provision, where the person entitled to a social security benefit is not one of the persons covered by that regulation .

3 . According to Article 51(b ) of the EEC Treaty, which was implemented by Article 10 of Regulation No 1408/71, the payment of benefits acquired under the social security scheme of one or more Member States is guaranteed in Community law only to persons who reside in the territory of a Member State .

It follows that Community law does not preclude national legislation which provides that a self-employed person' s retirement pension is payable abroad only to beneficiaries residing in the territory of a non-member country where a self-employed person' s pension could be paid to them pursuant to a reciprocity agreement, provided that such legislation takes effect only outside the Community .