Keywords
Summary

Keywords

Social security for migrant workers - Community rules - Replacing social security conventions concluded between Member States - Limit - Retention, in favour of workers who exercised their right to freedom of movement before the entry into force of Regulation No 1408/71, of the provisions of a prior inter-State convention on unemployment insurance that is more advantageous for the insured

(EC Treaty, Arts 48(2) and 51 (now, after amendment, Arts 39(2) EC and 42 EC); Council Regulation No 1408/71, Arts 6 and 7)

Summary

$$Articles 6 and 7 of Regulation No 1408/71, as amended and updated by Regulation No 2001/83 and amended by Regulation No 2332/89, do not preclude application of provisions of an inter-State convention on unemployment insurance which are more advantageous for the insured, provided that the latter exercised his right to freedom of movement before the date of entry into force of that regulation, even if, as a result of the reference period prescribed by the national legislation applicable to determination of the insured's entitlement, it is not possible for him to claim a right to benefits based entirely on the period prior to that date.

Articles 48(2) and 51 of the Treaty (now, after amendment, Articles 39(2) EC and 42 EC) preclude the loss of social security advantages which result from the inapplicability, following the entry into force of Regulation No 1408/71, of conventions operating between two or more Member States and incorporated in their national law.

( see paras 15, 23 and operative part )