Oberg v Forsakringkassan, ECJ Case C 185/04 - 16.2.06

Article 48 of the EC Treaty (now, after amendment, Article 39 EC) relating to the free movement of workers is to be interpreted as meaning that, where national legislation such as that at issue in the main proceedings applies, which limits the sick benefit payable to an EU citizen on the grounds that the EU citizen has not contributed enough to the national scheme in the period preceding the period of illness, the period during which a worker was affiliated to the Joint Sickness Insurance Scheme of the European Communities must be taken into account when making calculations.

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