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European Observer on fundamental right's respect

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Case Law C-345/09 (14/10/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/14/2010

Subject: The Court affirms that Regulation 1498/71 does not preclude a national legislation that statues, for citizens residing in an other member state, the payment of a contribution for sickness benefits, when they are not registered with the competent institution of their Member State of residence. Furthermore Article 21 TFUE must be interpreted as precluding such national legislation in so far as it induces or provides for – this being for the national court to ascertain – an unjustified difference of treatment between residents and non-residents as regards the continuity of the overall protection against the risk of sickness enjoyed by them under insurance contracts concluded before the entry into force of that legislation.

Parties: J. A. van Delft e altri contro College voor zorgverzekeringen

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 34 Social security

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