EU & Human Rights

Insalaca (Social security for migrant workers)

[2002] EUECJ C10700Court of Justice of the European Union (including the General Court)2002

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(Social security - Articles 46 to 46c of Regulation (EEC) No 1408/71 - National rules against overlapping - Benefits of the same kind)

REFERENCE to the Court under Article 234 EC by the Tribunal du travail de Mons (Belgium) for a preliminary ruling in the proceedings pending before that court between Caterina Insalaca

on the interpretation of Articles 46a and 46b of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6), as amended by Council Regulation (EEC) No 1248/92 of 30 April 1992 (OJ 1992 L 136, p. 7), THE COURT (Second Chamber),

composed of: N. Colneric, President of the Chamber, R. Schintgen (Rapporteur) and V. Skouris, Judges, Advocate General: P. L�ger, Registrar: H. von Holstein, Deputy Registrar,

after considering the written observations submitted on behalf of: - Mrs Insalaca, by D. Rossini, trade union representative, - the Office national des pensions (ONP), by G. Perl, acting as Agent, - the Belgian Government, by A. Snoecx, acting as Agent, - the Commission of the European Communities, by P. Hillenkamp and H. Michard, acting as Agents, having regard to the Report for the Hearing,

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