Opinion of Advocate General Lenz delivered on 14 April 1994

1 Original language: German.

2 Council Regulation of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community; see the consolidated version introduced by Regulation No 2001/83 (OJ 1983 L 230, p. 8).

3 See paragraph 4 above.

4 Judgment in Joined Cases 98/85, 162/85 and 258/85 Bertini v Regione Lazio [1986] ECR 1885, paragraphs 5 to 8.

5 See the judgment in Case C-127/92 Enderby [1993] ECR I-5535, paragraph 10.

6 See the judgment in Joined Cases C-332/92, C-333/92 and C-335/92 Eurico Italia [1994] ECR I-711, paragraph 17.

7 Judgment in Case C-364/92 SAT-Fluggesellschaft v Eurocontrol [1994] ECR I-43, paragraph 9; judgment in Case 44/65 Hessische Knappschaft v Singer [1965] ECR 965, at page 971.

8 My emphasis.

9 OJ No 30 of 16 December 1958, p. 561.

10 Judgment in Hessische Knappschaft (cited in footnote 6 above), p. 972.

11 As it was aptly characterized by Advocate General Gand in his Opinion in Case 31/64 De Sociale Voorzorg v Bertholet [1965] ECR 81, at page 90.

12 This was also the view of Advocate General Warner in his Opinion in Case 72/76 Landesversicherungsanstalt Rheinland-Pfalz v Töpfer [1977] ECR 281, at page 287.

13 See paragraph 22 above.

14 Judgment in Hessische Knappschaft (see footnote 6), at page 972; similarly the judgment in Case 78/72 L'Étoile-Syndicat Général v de Waal [1973] ECR 499, paragraph 6.

15 Judgment in De Waal (see previous footnote), paragraph 4.