Voeten and Beckers (Free movement of persons) French text [1998] EUECJ C-279/97 (10 December 1998)

Voeten and Beckers (Free movement of persons) French text [1998] EUECJ C-279/97 (10 December 1998)

Article 51(1) of Regulation (CEE) No 574/72 precludes the competent institution from carrying out medical control of a frontier worker residing in another Member State without prior examination by the institution of the place of residence, unless the beneficiary freely and unequivocally waives this right. Article 40...

Source-derived case information.

Citation
[1998] EUECJ C-279/97
Parties
Applicant: Bestuur van het Landelijk instituut sociale verzekeringen; Respondent: C. J. M. Voeten; Respondent: J. Beckers
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Questions answered; interpretation of EU law provided.
Legal Topics
Free Movement of Persons, Social Security Coordination, Invalidity Benefits, Medical Control Procedures
European Union Law Social Security Law Free Movement of Persons Social Security Coordination Invalidity Benefits Medical Control Procedures

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Summary, issues, holding and outcome

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Parties

Bestuur van het Landelijk instituut sociale verzekeringen

Applicant

C. J. M. Voeten

Respondent

J. Beckers

Respondent

Procedural Posture

Preliminary Ruling / Judgment

  1. 1 Whether Article 51(1) of Regulation (CEE) No 574/72 precludes the competent institution from carrying out medical control without prior examination by the institution of the place of residence for frontier workers.
  2. 2 Whether Article 40 of Regulation (CEE) No 574/72 precludes the competent institution from determining invalidity on the basis of its own medical examination without prior examination by the institution of the place of residence.
  3. 3 Whether the competent institution must take into account documents and reports from the institution of the place of residence.

Ratio Decidendi

Article 51(1) of Regulation (CEE) No 574/72 precludes the competent institution from carrying out medical control of a frontier worker residing in another Member State without prior examination by the institution of the place of residence, unless the beneficiary freely and unequivocally waives this right. Article 40 does not require such prior examination for first-time determinations but obliges the competent institution to consider documents from the institution of the place of residence.

Court Disposition

Questions answered; interpretation of EU law provided.

Orders

  • Article 51(1) of Regulation (CEE) No 574/72 precludes the competent institution from carrying out medical control without prior examination by the institution of the place of residence, unless the beneficiary waives this right freely and unequivocally.
  • Article 40 does not preclude the competent institution from determining invalidity on the basis of its own examination for first-time determinations, but it must consider documents and reports from the institution of the place of residence.