Opinion of Advocate General Lenz delivered on 10 February 1994

1 Original language: German.

2 Regulation (EEC) No 1408/71 of the Council 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 (OJ 1971 L 149, p. 2) as amended by Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6).

3 The text of the regulation applicable at the material time (1986) must be taken as the basis. The regulation has been amended several times since then (most recendy by Council Regulation (EEC) No 1945/93 of 30 June 1993, OJ 1993 L 181, p. 1). However those amendments are not relevant to the question considered here.

4 Cf. the judgment in Case 300/84 Van Roosmalen v Bestuur van de Bedrijfsvereniging voor de Gezondheid [1986] ECR 3097, paragraph 30).

5 Article 14c contains a special rule (not relevant in this case) applicable to persons who are, at the same time, employed in one Member State and self-employed in another.

6 The special rules for self-employed persons (Article 14a) and mariners (Article 14b) are inapplicable to the case in point.

7 Judgment in Case C-2/89 Kits van Heijningen [1990] ECR I-1755, paragraph 12; judgment in Case C-196/90 De Paep [1991] ECR I-4815, paragraph 18.

8 Judgment in Case 60/85 Luijten v Raad van Arbeid [1986] ECR 2365, paragraph 12.

9 Article 16 (a special rule for persons employed by diplomatic missions and consular posts and auxiliary staff of the European Communities) provides certain other connecting criteria (eg. the law of the Member State of which the employed person is a national).

10 If the person is employed by a branch or permanent representation outside the State of establishment, it is however the legislation of the Member State in which the branch or permanent representation is situated which is to be applied (Article 14(2)(a)(i)).

11 See footnote 8, above.