JUDGMENT OF 1. 3. 1973 — CASE 73/72 BENTZINGER v STEINBRUCHS-BERUFSGENOSSENSCHAFT

In Case 73/72 Reference to the Court under Article 177 of the EEC Treaty by the Baden-Württemberg Landessozialgericht (Court of Appeal on social questions) for a preliminary ruling in the action pending before that court between

THE COURT composed of: R. Lecourt, President, R. Monaco and P. Pescatore (Rapporteur), Presidents of Chambers, A. M. Donner, J. Mertens de Wilmars, H. Kutscher and C. Ó Dálaigh, Judges, Advocate-General: H. Mayras Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts and procedure

II — Observations submitted before the Court

A — As to admissibility

B — As to the merits

Grounds of judgment

Costs

I —. Facts and procedure

II —. Observations submitted before the Court

A —. As to admissibility

B —. As to the merits

(a). As to the principle of the applicability of the legislation of a single Member State

(b). As to the system of rules of reference When the worker only carries on his professional activity in a single Member State, he is subject to the legislation of that State. If, on the other hand, he carries on his activity, in either a permanent or temporary manner, in different Member States, the system applicable to him varies according to the circumstances of each case.

(c). As to the interpretation of Article 13 (1) (c) of Regulation No 3

1. By order dated 21 September 1972, received at the Court Registry on 11 October 1972, the Landessozialgericht for the Baden-Württemberg District referred a question, under Article 177 of the EEC Treaty, relating to the interpretation of Article 13 (1) (c), first paragraph, of Regulation No 3 of 25 September 1958, concerning social security for migrant workers (OJ No 30, p. 561), as amended particularly by Regulation No 24/64 of the Council (OJ No 47, p. 746/64), on whether that provision applies when a wage-earner is in the service of several employers in several Member States.

2. It is seen from the order referring the matter that the question referred to the Court arose in an action pending between an German social security agency, the plaintiff in the main action, and a worker permanently resident in Germany and employed simultaneously in Germany and France who sustained an accident at work.

3. According to Article 12 of Regulation No 3, the legislation of the Member State within whose territory the worker is employed is, in principle, applicable.

4. This provision imposes no supplementary condition and applies without distinction when the worker is attached to one or several employers and wherever the event giving rise to a right of indemnity took place.

5. The answer must therefore be that Article 13 (1) (c), first paragraph, of Regulation No 3 must be interpreted as meaning that it applies independently of whether the worker is in the service of one or several employers.

6. The costs incurred by the Commission of the European Communities, which has submitted observations to the Court, are not recoverable.

On those grounds, Upon reading the pleadings; Upon hearing the report of the Judge Rapporteur; Upon hearing the oral observations of the defendant in the main action and the Commission of the European Communities; Upon hearing the opinion of the Advocate-General; Having regard to the Treaty establishing the European Economic Community, especially Article 177; Having regard to Regulation No 3 of the Council concerning social security for migrant workers, especially Articles 12 and 13; Having regard to the Protocol on the Statute of the Court of Justice of the European Economic Community especially Article 20; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT in answer to the question referred to it by the Baden-Württemberg Landessozialgericht (IInd Senate) by order dated 21 September 1972, hereby rules: