Keywords
Summary

Keywords

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Social security for migrant workers - Community provisions - Replacement of social security conventions between Member States - Restriction - Retention of advantages previously conferred by the combined effect of national law and international conventions

(EEC Treaty, Arts 48(2) and 51; Council Regulation No 1408/71, Arts 6 and 7)

Summary

Articles 48(2) and 51 of the EEC Treaty must be interpreted as precluding the loss of social security advantages for workers who have exercised their right to freedom of movement which would result from the inapplicability, following the entry into force of Council Regulation (EEC) No 1408/71, of conventions operating between two or more Member States and incorporated in their national law.

Although the replacement of the social security conventions between Member States by Regulation No 1408/71 is mandatory in nature, it cannot have the effect of allowing the purpose of Articles 48 to 51 of the EEC Treaty to be disregarded; that would be the case if workers who had availed themselves of their right to freedom of movement were to lose the social security advantages previously conferred on them by national legislation, whether alone or in conjunction with international social security conventions operating between two or more Member States.