Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - PERSONS COVERED - NATIONALS OF ONE OF THE MEMBER STATES - DATE ON WHICH THE CRITERION OF NATIONALITY MUST BE SATISFIED

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 2 ( 1 ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - ENTRY INTO FORCE - INSURANCE PERIODS COMPLETED PREVIOUSLY - TAKING INTO CONSIDERATION - CRITERION OF NATIONALITY OF ONE OF THE MEMBER STATES

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 2 ( 1 ) AND 94 ( 2 ))

Summary

1 . THE CRITERION OF NATIONALITY OF ONE OF THE MEMBER STATES LAID DOWN BY ARTICLE 2 ( 1 ) OF REGULATION NO 1408/71 MUST BE EXAMINED IN DIRECT RELATIONSHIP TO THE PERIODS DURING WHICH THE WORKER CARRIED ON HIS WORK AND NOT TO THE TIME WHEN HE SUBMITTED HIS APPLICATION FOR BENEFITS .

2 . ARTICLE 2 ( 1 ) AND ARTICLE 94 ( 2 ) OF REGULATION NO 1408/71 , READ IN CONJUNCTION WITH ONE ANOTHER , ARE TO BE INTERPRETED AS GUARANTEEING THAT ALL INSURANCE PERIODS AND ALL PERIODS OF EMPLOYMENT OR RESIDENCE COMPLETED UNDER THE LEGISLATION OF A MEMBER STATE BEFORE THE ENTRY INTO FORCE OF THAT REGULATION SHALL BE TAKEN INTO CONSIDERATION FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO BENEFITS IN ACCORDANCE WITH ITS PROVISIONS , SUBJECT TO THE CONDITION THAT THE MIGRANT WORKER WAS A NATIONAL OF ONE OF THE MEMBER STATES WHEN THE PERIODS WERE COMPLETED .