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European Commission Takes Germany to Court
The European Commission has filed an action to the European Court of Justice against Germany. The points of contention are German regulations that impede blind, deaf and persons with other disabilities of having a legitimate claim to receive social security benefits when working in Germany but residing abroad.
The legislation in all Federal States provides that the place of residence of the beneficiary has to be in Germany in order to benefit from social security contributions. According to EU regulations, this represents the discrimination of persons who pay their social security contributions to the German State but do not have the same rights as persons residing there.
Based on the jurisdiction of the European Court of Justice, social security services apply like services in case of illness and fall in a category with the EU regulations on the coordination of national security systems. As long as Germany is responsible for the social security protection of employers, these services need to be exported, even if an insured person or his relatives live abroad.
Cross-boarder commuters (persons who carry out an occupation or a gainful self-employment in one member state and reside in another member state, to which they return daily or at least once a week) are insured in the member state in which they work, even if they reside in another member state. Therefore, a cross-boarder commuter working in Germany pays his contributions to social security in Germany and should have the same legitimate claim to receive social security benefits like all German residents.
Based on a verdict of the European Court of Justice, dated 18 October 2007/05, the European commission had issued a statement to Germany by 1 December 2008 and urged the country to meet its liabilities.
Now the European Commission has decided to appeal to the European Court of Justice because the German laws are still not in accordance with EU-legislation. In fact, the Federal States still have laws in force that take into account the place of residence if blind, deaf and persons with other disabilities want to claim social security benefits.
The legislation in all Federal States provides that the place of residence of the beneficiary has to be in Germany in order to benefit from social security contributions. According to EU regulations, this represents the discrimination of persons who pay their social security contributions to the German State but do not have the same rights as persons residing there.
Based on the jurisdiction of the European Court of Justice, social security services apply like services in case of illness and fall in a category with the EU regulations on the coordination of national security systems. As long as Germany is responsible for the social security protection of employers, these services need to be exported, even if an insured person or his relatives live abroad.
Cross-boarder commuters (persons who carry out an occupation or a gainful self-employment in one member state and reside in another member state, to which they return daily or at least once a week) are insured in the member state in which they work, even if they reside in another member state. Therefore, a cross-boarder commuter working in Germany pays his contributions to social security in Germany and should have the same legitimate claim to receive social security benefits like all German residents.
Based on a verdict of the European Court of Justice, dated 18 October 2007/05, the European commission had issued a statement to Germany by 1 December 2008 and urged the country to meet its liabilities.
Now the European Commission has decided to appeal to the European Court of Justice because the German laws are still not in accordance with EU-legislation. In fact, the Federal States still have laws in force that take into account the place of residence if blind, deaf and persons with other disabilities want to claim social security benefits.
