Alberto Paletta and others v Brennet AG. (Social security for migrant workers) [1992] EUECJ C-45/90 (3 June 1992)

Alberto Paletta and others v Brennet AG. (Social security for migrant workers) [1992] EUECJ C-45/90 (3 June 1992)

Article 18(1)-(4) of Regulation No 574/72 binds the competent institution, including the employer, to the medical findings of the institution of the place of residence or temporary residence regarding incapacity for work, unless the employer arranges for its own medical examination under Article 18(5). Wage continuation benefits paid by employers under German law are 'sickness benefits' within the meaning of Regulation No 1408/71, and Article 18 applies to employers as competent institutions.

Citation
[1992] EUECJ C-45/90
Parties
Applicants: Vittorio Paletta, Raffaela Paletta, Carmela Paletta, Alberto Paletta; Respondent: Brennet AG
Jurisdiction
European Union
Judgment Date
03 June 1992
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Reference From National Court
Outcome
Preliminary ruling issued; Article 18(1)-(4) of Regulation No 574/72 applies to employers as competent institutions and binds them to foreign medical findings unless an examination under Article 18(5) is arranged.
Legal Topics
Interpretation of Regulation (eec) No 574/72 Article 18, Employer Liability for Sickness Benefits, Binding Effect of Foreign Medical Certificates, Application of Regulation (eec) No 1408/71
European Union Law Labour Law Social Security Law Interpretation of Regulation (eec) No 574/72 Article 18 Employer Liability for Sickness Benefits Binding Effect of Foreign Medical Certificates Application of Regulation (eec) No 1408/71

Case Brief

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Parties

Vittorio Paletta, Raffaela Paletta, Carmela Paletta, Alberto Paletta

Applicants

Brennet AG

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Reference From National Court

Legal Issues

  1. 1 Whether Article 18(1)-(4) of Regulation No 574/72 binds employers to medical findings made by the institution of the place of residence regarding incapacity for work when the employer does not arrange its own medical examination under Article 18(5)
  2. 2 Whether wage continuation benefits paid by employers under German law constitute 'sickness benefits' under Regulation No 1408/71
  3. 3 Whether Article 18 applies when the employer, not a social security institution, is the competent institution

Ratio Decidendi

Article 18(1)-(4) of Regulation No 574/72 binds the competent institution, including the employer, to the medical findings of the institution of the place of residence or temporary residence regarding incapacity for work, unless the employer arranges for its own medical examination under Article 18(5). Wage continuation benefits paid by employers under German law are 'sickness benefits' within the meaning of Regulation No 1408/71, and Article 18 applies to employers as competent institutions.

Court Disposition

Preliminary ruling issued; Article 18(1)-(4) of Regulation No 574/72 applies to employers as competent institutions and binds them to foreign medical findings unless an examination under Article 18(5) is arranged.

Orders

  • Article 18(1)-(4) of Regulation No 574/72 interpreted as binding employers to medical findings of the institution of the place of residence or temporary residence unless an examination under Article 18(5) is arranged.
  • Costs for intervening governments and the Commission are not recoverable; costs for main parties are for the national court to decide.