Antonia Caracciolo (nee Camera) v Institut national d'assurance maladie-invalidite and Union nationale des mutualites socialistes. [1982] EUECJ R-92/81 (10 June 1982)

Antonia Caracciolo (nee Camera) v Institut national d'assurance maladie-invalidite and Union nationale des mutualites socialistes. [1982] EUECJ R-92/81 (10 June 1982)

Article 83 of Regulation No 4 must be interpreted to mean that submission of a claim to an authority of a Member State other than the competent state has the same effect as submission to the competent authority, regardless of irregular residence. Article 10(1) of Regulation No 3 precludes the application of the territoriality principle to invalidity benefits by the insurance institution of the state of origin.

Citation
[1982] EUECJ R-92/81
Parties
Appellant in Cassation: Antonia Caracciolo (née Camera); Respondent in Cassation: Institut national d'assurance maladie-invalidité; Respondent in Cassation: Union nationale des mutualites socialistes
Jurisdiction
European Union
Judgment Date
10 June 1982
Procedural Posture
Reference for a Preliminary Ruling / Judgment on Preliminary Reference
Outcome
Preliminary ruling issued; interpretation of EU law provided to national court.
Legal Topics
Social Security for Migrant Workers, Invalidity Pension, Territoriality of Benefits, Interpretation of EU Regulations
European Union Law Social Security Law Social Security for Migrant Workers Invalidity Pension Territoriality of Benefits Interpretation of EU Regulations

Case Brief

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Parties

Antonia Caracciolo (née Camera)

Appellant in Cassation

Institut national d'assurance maladie-invalidité

Respondent in Cassation

Union nationale des mutualites socialistes

Respondent in Cassation

Procedural Posture

Reference for a Preliminary Ruling / Judgment on Preliminary Reference

Legal Issues

  1. 1 Interpretation of Article 83 of Regulation No 4 regarding submission of claims in another Member State
  2. 2 Effect of irregular residence on validity of claims under EU law
  3. 3 Whether Article 10(1) of Regulation No 3 precludes application of territoriality principle to invalidity benefits

Ratio Decidendi

Article 83 of Regulation No 4 must be interpreted to mean that submission of a claim to an authority of a Member State other than the competent state has the same effect as submission to the competent authority, regardless of irregular residence. Article 10(1) of Regulation No 3 precludes the application of the territoriality principle to invalidity benefits by the insurance institution of the state of origin.

Court Disposition

Preliminary ruling issued; interpretation of EU law provided to national court.

Orders

  • Article 83 of Regulation No 4: submission of claim in another Member State has same effect as submission to competent authority.
  • Irregular residence does not affect the effect of such submission.