Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
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Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61978J0100
Název:
Title: 		JUDGMENT OF THE COURT (SECOND CHAMBER) OF 6 MARCH 1979. CLAUDINO ROSSI V CAISSE DE COMPENSATION POUR ALLOCATIONS FAMILIALES DES REGIONS DE CHARLEROI ET NAMUR. PRELIMINARY RULING REQUESTED BY THE TRIBUNAL DU TRAVAIL, CHARLEROI. CASE 100-78.
Publikace:
Publication:		REPORTS OF CASES 1979 PAGES 0831 - 0846
Předmět (klíčová slova):
Keywords		SOCIAL SECURITY FOR MIGRANT WORKERS;
Související předpisy:
Corresponding acts:		371R1408
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. UNDER ARTICLE 79 (3) OF REGULATION NO 1408/71 OF THE COUNCIL, THE SUSPENSION OF THE ENTITLEMENT TO FAMILY ALLOWANCES IN RESPECT OF THE DEPENDENT CHILDREN OF A FATHER WHO IS IN RECEIPT OF A PENSION UNDER THE LEGISLATION OF A MEMBER STATE IS NOT APPLICABLE IF THE MOTHER HAS NOT ACTUALLY BECOME ENTITLED TO THOSE SAME ALLOWANCES UNDER THE LEGISLATION OF ANOTHER MEMBER STATE BY VIRTUE OF HER PURSUIT OF A PROFESSIONAL OR TRADE ACTIVITY, EITHER BECAUSE ONLY THE FATHER IS ACKNOWLEDGED TO HAVE THE STATUS OF HEAD OF HOUSEHOLD OR BECAUSE THE CONDITIONS FOR AWARDING TO THE MOTHER THE RIGHT TO PAYMENT OF THE ALLOWANCES HAVE NOT BEEN FULFILLED.

2. THE REGULATIONS ON SOCIAL SECURITY FOR MIGRANT WORKERS DID NOT SET UP A COMMON SCHEME OF SOCIAL SECURITY, BUT ALLOWED DIFFERENT SCHEMES TO EXIST, CREATING DIFFERENT CLAIMS ON DIFFERENT INSTITUTIONS AGAINST WHICH THE CLAIMANT POSSESSES DIRECT RIGHTS BY VIRTUE EITHER OF NATIONAL LAW ALONE OR OF NATIONAL LAW SUPPLEMENTED, WHERE NECESSARY, BY COMMUNITY LAW. THE COMMUNITY RULES COULD NOT THEREFORE, IN THE ABSENCE OF AN EXPRESS EXCEPTION CONSISTENT WITH THE AIMS OF THE TREATY, BE APPLIED IN SUCH A WAY AS TO DEPRIVE A MIGRANT WORKER OR HIS DEPENDANTS OF THE BENEFIT OF A PART OF THE LEGISLATION OF A MEMBER STATE.

3. THE RULE IN ARTICLE 79 (3) OF REGULATION NO 1408/71, WHICH IS DESIGNED TO PREVENT THE OVERLAPPING OF FAMILY ALLOWANCES, IS APPLICABLE ONLY TO THE EXTENT TO WHICH IT DOES NOT, WITHOUT CAUSE, DEPRIVE THE PERSONS CONCERNED OF THE BENEFIT OF A PART OF NATIONAL LEGISLATION. WHEN THE AMOUNT OF THE ALLOWANCE OF WHICH PAYMENT IS SUSPENDED IN ONE MEMBER STATE IS GREATER THAN THAT OF THE ALLOWANCES RECEIVED IN ANOTHER MEMBER STATE BY VIRTUE OF THE PURSUIT OF A PROFESSIONAL OR TRADE ACTIVITY, IT IS THEREFORE APPROPRIATE THAT THE RULE AGAINST OVERLAPPING OF BENEFITS SHOULD BE APPLIED ONLY PARTIALLY AND THAT THE DIFFERENCE BETWEEN THESE AMOUNTS SHOULD BE GRANTED IN THE FORM OF A SUPPLEMENT.

Plný text judikátu (Entire text of the Judgment):