Court of Justice of the European Communities (including Court of First Instance Decisions)

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URL: http://www.bailii.org/eu/cases/EUECJ/1990/R32488.html
Cite as: [1990] EUECJ R-324/88

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61988J0324
Judgment of the Court (Second Chamber) of 7 February 1990.
Rosaria Vella and others v Alliance nationale des mutualités chrétiennes.
Reference for a preliminary ruling: Cour du travail de Mons - Belgium.
Social security for migrant workers - Period of incapacity in respect of which an allowance was received treated as a period of insurance.
Case C-324/88.
European Court reports 1990 Page I-00257
Pub.RJ Page Pub somm

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Social security for migrant workers - Periods of insurance - Periods treated as such - To be determined in accordance with the national legislation under which the period in question was completed
( EEC Treaty, Arts 48 to 51; Council Regulations Nos 3, Art . 1(r ) and 1408/71, Art . 1(r ) )

Article 1(r ) of Regulation No 3 and Article 1(r ) of Regulation No 1408/71 must be interpreted as meaning that periods treated as periods of insurance are to be determined solely in accordance with the criteria laid down in the national legislation under which those periods were completed, provided that the national legislation observes the provisions of Articles 48 to 51 of the Treaty ( see the judgment of 6 June 1972 in Case 2/72 Murru v Caisse régionale d' assurance maladie de Paris (( 1972 )) ECR 333 ).

In Case C-324/88
REFERENCE to the Court under Article 177 of the EEC Treaty by the cour du travail, Mons, for a preliminary ruling in the proceedings pending before that court between
Rosario Vella, widow of Mr Scaduto, and Others,
v
Alliance nationale des mutualités chrétiennes, Brussels,
on the interpretation of Articles 1 and 27 of Regulation No 3 of the Council of 25 September 1958 concerning social security for migrant workers ( Journal officiel 1958, 30, p . 561 ), Article 28 of Regulation No 4 of the Council of 3 December 1958 implementing procedures and supplementary provisions in respect of Regulation No 3 ( Journal officiel 1958, 30, p . 597 ), and Articles 1, 45 and 48 of Regulation ( EEC ) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and members of their families moving within the Community ( Official Journal, English Special Edition 1971 ( II ), p . 416 ),
THE COURT ( Second Chamber )
composed of : F . A . Schockweiler, President of Chamber, G . F . Mancini and T . F . O' Higgins, Judges,
in answer to the question referred to it by the cour du travail, Mons, by judgment of 2 November 1988, hereby rules :

Article 1(r ) of Regulation No 3 and Article 1(r ) of Regulation ( EEC ) No 1408/71 must be interpreted as meaning that periods treated as periods of insurance must be determined solely on the basis of the criteria contained in the national legislation under which those periods were completed .

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