Keywords
Summary

Keywords

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Social security for migrant workers ° Equal treatment ° Liability assumed for old-age assurance by the Netherlands scheme under a bilateral social security convention in respect of forced labour performed in Germany by Netherlands nationals ° Netherlands benefits less than amounts paid in Germany to nationals subjected to the same treatment ° Discrimination on the ground of nationality ° None

(EEC Treaty, Art. 7(1); Council Regulation No 1408/71, Arts 3(1), 7(2)(c) and Annex III)

Summary

Under Article 2 of Complementary Agreement No 4 between the Federal Republic of Germany and the Kingdom of the Netherlands on the settlement of rights acquired under the German social insurance scheme by Dutch workers between 13 May 1940 and 1 September 1945 (listed in Annex III to Regulation No 1408/71 as an international convention remaining applicable pursuant to Article 7(2)(c) thereof after the regulation' s entry into force), it is compatible with Community law ° more particularly the first paragraph of Article 7 of the Treaty and Article 3(1) of Regulation No 1408/71 ° for forced labour performed by Netherlands nationals in Germany during the Second World War to confer no entitlement under the German pension insurance scheme, but to be accounted for under the Netherlands scheme as if it had been performed in the Netherlands.

The difference between the amounts of pension to which Netherlands and German nationals compelled to perform forced labour are entitled under their respective old-age schemes is not attributable to the Complementary Agreement, which merely determines the law applicable to the workers concerned without stipulating the scope of the benefits, but stems from the fact that the Netherlands legislature determined for pensions for which it is responsible under the Agreement an amount different from that determined by the German old-age insurance scheme for pensions payable by it. As Community law currently stands, each Member State is free to determine the amount of the pensions to be paid by it, provided that such amount does not entail any discrimination founded on nationality. Since Netherlands legislation does not treat differently on account of their nationality different categories of Community nationals who were compelled to perform forced labour, it may not be said to practice discrimination on the ground of nationality.