Brussels, 11/04/2013 (Agence Europe) - A cross-border worker in full unemployment can be paid unemployment benefit only by his member state of residence, even if he has kept particularly close links with the state in which he was most recently employed, the Court of Justice of the EU has ruled in a ruling issued on Thursday 11 April (case C-443/11). It has interpreted the new regulation of 2004 (883/2004) on the coordination of social security systems, which replaced the 1971 regulation (1408/71) and which provides that unemployed cross-border workers must apply to the employment service of their country of residence or may, additionally, apply to the employment service of the country in which they most recently worked. The court of Amsterdam, which was called upon to rule in several cross-border cases, asked for clarifications, in view of the fact that the old regime provided for unemployed cross-border workers to be able to choose the member state in which they apply to the employment service and receive unemployment benefit, taking account of close links the workers may have with the member state in which they most recently worked and how easy it is likely to be for them to find employment there.
In its ruling, the Court took the view that the rule on unemployment benefit granted by the member state of residence applies even to cross-border workers in full unemployment who have retained particularly close links to the state in which they were most recently employed. The possibility of applying to the employment services of that state in addition will have no effect on the unemployment benefit payment of that worker, as it relates only to the use of the state's services for jobseekers. In addition, the Court states that the rules on the free movement of workers does not prevent the state of the most recent employment from denying an unemployed cross-border worker unemployment benefit, on the grounds that the interested party does not reside on its territory and if, in line with the provisions of the regulation, the legislation applicable is that of the member state of residence. However, for workers who have lost their jobs and are already paid benefit by the state in which they were most recently employed, it is the interim clause of the new regulation which is applicable for as long as their situation remains unchanged. (FG/transl.fl)