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Opinion of Mr Advocate General Mischo delivered on 18 October 2001. # Doris Kaske v Landesgeschäftsstelle des Arbeitsmarktservice Wien. # Reference for a preliminary ruling: Verwaltungsgerichtshof - Austria. # Social security for migrant workers - Unemployment insurance - Replacing social security conventions concluded between Member States with Regulation (EEC) No 1408/71 - Preservation of advantages enjoyed previously as a result of a combination of domestic law and the law of the relevant convention - Free movement of workers. # Case C-277/99.
ECLI:EU:C:2001:549
61999CC0277
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Important legal notice
61999C0277
European Court reports 2002 Page I-01261
Opinion of the Advocate-General
Conclusion
For the above reasons, I propose that the Court give the following answers to questions referred by the Verwaltungsgerichtshof:
The first question:
The case-law of the Court relating to retaining the validity of social security conventions which have been replaced by Regulation No 1408/71 applies also where a migrant worker has made use of 'freedom of movement' (or more precisely, has anticipated it) before the entry into force of Regulation No 1408/71, but also before the EC Treaty came into effect in his home State, that is, at a time when he could not yet rely on Article 39 et seq. EC in the State of employment.
The second and third questions:
Provisions under a convention between two Member States, more favourable than the scheme deriving from the application of Regulation No 1408/71, are applicable in the present case for the whole period of exercise of freedom of movement within the meaning of Article 39 et seq. EC, even if, inter alia, the claims involved are raised after the return from the State of employment to the home State. Claims based on periods of insurance which were acquired before the entry into force of Regulation No 1408/71 must also be assessed in accordance with the more favourable convention.
The fourth question:
There is no need to answer the fourth question.