Ludwig Kunz v Bundesversicherungsanstalt fuer Angestellte. [1973] EUECJ R-35/73 (11 October 1973)

Ludwig Kunz v Bundesversicherungsanstalt fuer Angestellte. [1973] EUECJ R-35/73 (11 October 1973)

Article 22 of Regulation No 3 does not require the state of residence to issue benefits in kind to a pensioner entitled to pensions under several member states' legislation if such benefits are not provided for by the law of that state.

Citation
[1973] EUECJ R-35/73
Parties
Plaintiff and Respondent: Ludwig Kunz; Defendant and Appellant: Bundesversicherungsanstalt fuer Angestellte
Jurisdiction
European Union
Judgment Date
11 October 1973
Procedural Posture
Preliminary Ruling / Reference for Interpretation of EU Law
Outcome
question answered; preliminary ruling issued
Legal Topics
Migrant Workers, Sickness Insurance, Pensioners, Benefits in Kind, Interpretation of Regulation No 3
Social Security EU Law Migrant Workers Sickness Insurance Pensioners Benefits in Kind Interpretation of Regulation No 3

Case Brief

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Parties

Ludwig Kunz

Plaintiff and Respondent

Bundesversicherungsanstalt fuer Angestellte

Defendant and Appellant

Procedural Posture

Preliminary Ruling / Reference for Interpretation of EU Law

Legal Issues

  1. 1 Whether Article 22 of Regulation No 3 obliges the state of residence to provide benefits in kind to pensioners entitled to pensions under several member states' legislation when not provided for by the law of that state

Ratio Decidendi

Article 22 of Regulation No 3 does not require the state of residence to issue benefits in kind to a pensioner entitled to pensions under several member states' legislation if such benefits are not provided for by the law of that state.

Court Disposition

question answered; preliminary ruling issued

Orders

  • Article 22 of Regulation No 3 is interpreted as not obliging the state of residence to issue benefits in kind to a pensioner entitled to pensions under several member states' legislation if not provided for by the law of that state.