Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - SCOPE - DECLARATIONS BY MEMBER STATES - EFFECTS

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 5 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - SCOPE - GERMAN LAW ON THE REPARATION OF INJUSTICE PERPETRATED UNDER NATIONAL SOCIALISM IN THE FIELD OF SOCIAL INSURANCE - INCLUDED

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 1 ( J ) AND ART . 4 ( 4 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - CONTINUED VOLUNTARY OR OPTIONAL INSURANCE - ADMISSION - STATUS OF INSURED PERSON UNDER NATIONAL LEGISLATION LACKING - DUTY TO TAKE INTO ACCOUNT INSURANCE PERIODS COMPLETED IN ANOTHER MEMBER STATE - NONE

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 9 ( 2 ))

Summary

1 . THE FACT THAT A DOMESTIC LAW IS NOT MENTIONED IN THE DECLARATION MADE BY A MEMBER STATE PURSUANT TO ARTICLE 5 OF REGULATION NO 1408/71 DOES NOT MEAN THAT THAT LAW MUST BE DEEMED TO LIE OUTSIDE THE SCOPE OF THE REGULATION .

2 . LEGISLATION , SUCH AS THE GERMAN LAW ON THE REPARATION OF INJUSTICE PERPETRATED UNDER NATIONAL SOCIALISM IN THE FIELD OF SOCIAL INSURANCE , WHICH FORMS PART OF THE BODY OF LAW GOVERNING THE SOCIAL INSURANCE OF WORKERS IN A MEMBER STATE AND WHICH MAKES NO PROVISION FOR A DISCRETIONARY ASSESSMENT OF THE PERSONAL SITUATION AND NEEDS OF THE INDIVIDUAL CONCERNED , COMES WITHIN THE SCOPE OF REGULATION NO 1408/71 AND IS NOT EXCLUDED BY VIRTUE OF THE PROVISIONS OF ARTICLE 4 ( 4 ) OF THAT REGULATION .

3 . WHERE NATIONAL LEGISLATION MAKES AFFILIATION TO A SOCIAL SECURITY SCHEME CONDITIONAL ON PRIOR AFFILIATION BY THE PERSON CONCERNED TO THE NATIONAL SOCIAL SECURITY SCHEME , REGULATION NO 1408/71 DOES NOT COMPEL MEMBER STATES TO TREAT AS EQUIVALENT INSURANCE PERIODS COMPLETED IN ANOTHER MEMBER STATE AND THOSE WHICH MUST HAVE BEEN COMPLETED PREVIOUSLY ON NATIONAL TERRITORY .

CONSEQUENTLY , ARTICLE 9 ( 2 ) OF REGULATION NO 1408/71 MUST BE CONSTRUED AS MEANING THAT IT DOES NOT REQUIRE A SOCIAL INSURANCE INSTITUTION OF A MEMBER STATE TO TAKE INTO ACCOUNT PERIODS OF INSURANCE COMPLETED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE WHEN THE WORKER CONCERNED HAS NEVER PAID , IN THE FIRST MEMBER STATE , THE CONTRIBUTION REQUIRED BY LAW IN ORDER TO CREATE HIS STATUS AS AN INSURED PERSON UNDER THE LEGISLATION OF THAT MEMBER STATE .