Keywords
Summary

Keywords

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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL SECURITY BENEFITS - RIGHTS CREATED BY THE TREATY - EXERCISE - DETAILED RULES - POWER OF THE COUNCIL

( EEC TREATY, ARTICLE 51 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL BENEFITS - OVERLAPPING - LIMITATION - ENTITLEMENT BY VIRTUE OF NATIONAL LEGISLATION ALONE - REDUCTION - PROHIBITION

( EEC TREATY, ARTICLE 51; REGULATION NO 1408/71 OF THE COUNCIL, ARTICLE 46 ( 3 ))

Summary

1 . THE COUNCIL, IN THE EXERCISE OF THE POWERS WHICH IT HOLDS UNDER ARTICLE 51 CONCERNING THE COORDINATION OF SOCIAL SECURITY SCHEMES OF THE MEMBER STATES, HAS THE POWER, IN CONFORMITY WITH THE PROVISIONS OF THE TREATY, TO LAY DOWN DETAILED RULES FOR THE EXERCISE OF RIGHTS TO SOCIAL BENEFITS WHICH THE PERSONS CONCERNED DERIVE FROM THE TREATY .

2 . A LIMITATION ON THE OVERLAPPING OF BENEFITS WHICH WOULD LEAD TO A DIMINUTION OF THE RIGHTS WHICH THE PERSONS CONCERNED ALREADY ENJOY IN A MEMBER STATE BY VIRTUE OF THE APPLICATION OF THE NATIONAL LEGISLATION ALONE IS INCOMPATIBLE WITH ARTICLE 51 .

ARTICLE 46 ( 3 ) OF REGULATION NO 1408/71 OF THE COUNCIL IS ACCORDINGLY INCOMPATIBLE WITH ARTICLE 51 OF THE TREATY TO THE EXTENT TO WHICH IT IMPOSES A LIMITATION ON THE OVERLAPPING OF TWO BENEFITS ACQUIRED IN DIFFERENT MEMBER STATES BY A REDUCTION IN THE AMOUNT OF A BENEFIT ACQUIRED UNDER NATIONAL LEGISLATION ALONE .