Keywords
Summary

Keywords

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1 . FREE MOVEMENT OF PERSONS - WORKERS WITHIN THE MEANING OF EEC TREATY - WAGE-EARNERS OR ASSIMILATED WORKERS WITHIN THE MEANING OF REGULATION N . 3 OF THE COUNCIL OF THE EEC - CONCEPT - COMMUNITY MEANING

( EEC TREATY, ARTICLES 48 TO 51; REGULATION N . 3 OF THE COUNCIL OF THE EEC )

2 . FREE MOVEMENT OF PERSONS - WAGE-EARNERS OR ASSIMILATED WORKERS WITHIN THE MEANING OF REGULATION N . 3 OF THE COUNCIL OF THE EEC - TEMPORARY CESSATION OF WORK - ADMISSION TO THE BENEFIT OF VOLUNTARY INSURANCE UNDER NATIONAL LAW - STATUS OF WAGE-EARNER OR ASSIMILATED WORKER

( REGULATION N . 3 OF THE COUNCIL OF THE EEC )

3 . FREE MOVEMENT OF PERSONS - WAGE-EARNERS OR ASSIMILATED WORKERS WITHIN THE MEANING OF REGULATION N . 3 OF THE COUNCIL OF THE EEC - ADMISSION TO THE BENEFITS OF VOLUNTARY INSURANCE UNDER NATIONAL LAW - APPRAISAL BY THE NATIONAL COURT OF THE CONDITIONS OF AND THE REASONS FOR THE GRANT OF THOSE BENEFITS - STATUS OF WAGE-EARNER OR ASSIMILATED WORKER

( REGULATION N . 3 OF THE COUNCIL OF THE EEC )

4 . FREE MOVEMENT OF PERSONS - WAGE-EARNERS OR ASSIMILATED N.3 OF THE COUNCIL OF THE EEC - TEMPORARY RESIDENCE ABROAD DISADVANTAGES ARISING FROM THIS FACT - PROHIBITION

( REGULATION N . 3 OF THE COUNCIL OF THE EEC, ARTICLE 19 ( 1 ))

Summary

1 . THE CONCEPT OF 'WAGE-EARNER OR ASSIMILATED WORKER ' EMPLOYED IN REGULATION N . 3 OF THE COUNCIL OF THE EEC CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS HAS, LIKE THE TERM 'WORKERS ' IN ARTICLES 48 TO 51 OF THE EEC TREATY, A COMMUNITY MEANING REFERRING TO ALL THOSE WHO, AS SUCH AND UNDER WHATEVER DESCRIPTION, ARE COVERED BY THE DIFFERENT NATIONAL SYSTEMS OF SOCIAL SECURITY .

2 . THE CONCEPT OF WAGE-EARNERS OR ASSIMILATED WORKERS WITHIN THE MEANING OF REGULATION N . 3 OF THE COUNCIL OF THE EEC COVERS THOSE PERSONS WHO, ORIGINALLY COMPULSORILY AFFILIATED TO A SOCIAL SECURITY SYSTEM AS ' WORKERS ', HAVE SUBSEQUENTLY, AS SUCH AND IN CONSIDERATION OF A POSSIBLE RESUMPTION OF THEIR ACTIVITY AS WORKERS, BEEN ADMITTED AS BENEFICIARIES OF A VOLUNTARY INSURANCE SCHEME UNDER NATIONAL LAW GOVERNED BY PRINCIPLES ANALOGOUS TO THOSE OF THE COMPULSORY INSURANCE .

3 . IN ORDER TO ASCERTAIN WHETHER A PERSON NOT CURRENTLY A WORKER IS NEVERTHELESS COVERED BY THE CONCEPT OF ' WAGE-EARNER ' OR ASSIMILATED WORKER ', IT IS FOR THE NATIONAL COURT TO APPRAISE WHETHER, IN EACH INSTANCE, THE OPPORTUNITY TO BELONG TO THE SOCIAL SECURITY SYSTEM HAS BEEN GIVEN TO THE PERSON CONCERNED ON THE CONDITIONS AND FOR THE REASONS SET OUT IN 2 .

4 . ' WAGE EARNERS OR ASSIMILATED WORKERS ' IN THE SITUATION ENVISAGED BY ARTICLE 19 ( 1 ) OF REGULATION N . 3 OF THE COUNCIL OF THE EEC BENEFIT FROM THE RIGHTS CONFERRED BY THAT PROVISION, WHATEVER MAY BE THE REASON FOR THEIR TEMPORARY RESIDENCE ABROAD .

THIS ARTICLE PRECLUDES ANY RULE OF NATIONAL LAW FROM SUBJECTING THE GRANT OF THE BENEFITS IN QUESTION, IN THE CASE OF SUCH TEMPORARY RESIDENCE, TO CONDITIONS MORE ONEROUS THAN THOSE WHICH WOULD BE APPLIED IF THE PERSON CONCERNED HAD FALLEN ILL WHILE IN THE TERRITORY OF THE STATE TO WHICH THE INSURER BELONGS .