Luxembourg, 07/02/2002 (Agence Europe) - The European Court of Justice has published two press releases concerning social security cases:
- in the Liselotte Kauer case, the Court notes the incompatibility of Austrian legislation with Community law in the case of an Austrian woman for whom the periods she devoted to the education of children, in Belgium, were not taken into account in determining her periods of age insurance. For the Court, the Austrian legislation is of a nature to play against Community residents having lived or worked in Austria, then, as workers, having exercised the right to move and live freely in all Member States;
- in the Doris Kaske case, the Court says it confirms its case law by which are applicable to migrant workers the provisions stemming from a convention concluded between two Member States when the latter is more favourable than the provisions of an EC regulation which normally should have replaced them. Ms. Kaske, of German nationality, had asked in Austria for an accumulation of her periods of insurance, possible on the basis of a German-Austrian convention of 1979 but not authorised by Community legislation on the social security of workers that took effect in Austria on 1 January 1994.