Opinion of Mr Advocate General Van Gerven delivered on 29 March 1990

1 Original language: Dutch.

2 Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ, English Special Edition 1971 (II), p. 416).

3 Council Regulation (EEC) No 2001/83 of 2 June 1983 amending and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and also amending, and updating Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ L 230, 22.8.1983, p. 6, Annex I).

4 Judgment in Case 191/83 Salzano v Bundesanstalt für Arbeit [1984] ECR 3741

5 Judgment in Case 153/84 Ferraioli v Deutsche Bundespost [1986] ECR 1401

6 Previously, in its judgment in Case 134/77 Ragazzoni v Assubel [1978] ECR 963, the Court had staled that the suspension referred to in Article 76 of Regulation No 1408/71 can only take effect if the spouse fulfils in the Member State in which the members of the family reside all the conditions required by the domestic legislation of that State in order to exercise that right (paragraph 9, emphasis added); however, the Court did not make it clear whether that meant conditions both of substance and of form.

7 See inter alta the Court's answer to the second question in Ferraioli

8 Council Regulation (EEC) No 3427/89 of 30 Occober 1989 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed fiersons, to self-employed persons and to members of their amilies moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ L 331, 16.11.1989, p. 1).

9 Judgment in Case 41/84 Pinna v Caisse d'allocations familiales de la Savoie [1986] ECR 1.