In a judgment of May 20, 2008, the CJEC questioned the rule that the legislation of a single Member State is to apply in terms of social security. Concerning family benefits, the ruling raised questions about its scope regarding other social benefits and the different forms of mobility which can sometimes lead to inadequate conflicts of laws. (Ref. 080469)
With this unexpected ruling, the Court of Justice changed the rules regarding the conflict of law rules provided for in Regulation 1408/71 which defines the coordination of national social security legislations. The interested party was employed in the Netherlands but lived in Germany. According to Regulation 1408/70, it was only subject to the social security legislation of the country where she worked, the Netherlands, even though she resided in Germany. Therefore, the employer had to pay for
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