Volume 46 (2009) / Issue 4
This overview covers the case law of the Court of Justice in the field of social security law during the last five years. The overview shows that the most usual issues were about exportability of benefits, in particular special non-contributory benefits, and calculation of contributions. It shows further that important developments have occurred in several fields of the co-ordination law but also that considerable confusion and gaps continue to exist. Among the most sensational developments must be counted the establishment of the rule that even restrictions to exportability of special non-contributory benefits can be contrary to the free movement provisions of the Treaty, if they entail an unacceptable degree of unfairness, as well as about reimbursement of medical costs for treatment in another Member State despite lack of previous authorization. Considerable confusion continues to exist with regard to the choice of law principles, while the co-ordination law contains gaps with regard to calculation of contributions, when income is made in several Member States. Furthermore, it is shown that the determination of the material scope of Reg. 1408/71, especially when it comes to benefits related to care, continues to be a complicated issue.
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