Дело C-99/80: Galinsky, Заключение от 11 февруари 1981 г.

I —

Whether in relation to social security benefits provided under the legislation of a Member State a person who has been compulsorily insured as a self-employed person (but not as an employed person) in that Member State should be regarded as a worker within the meaning of Article 1 (a) of Council Regulation (EEC) No 1408/71 in that Member State by reason either:

(a) that he is a worker under the legislation of some other Member State; or

(b) (if the answer to (a) is negative) that he has been so insured as self-employed under a social security scheme for one or more of the contingencies covered by a social security scheme for employed, self-employed and non-employed persons.

II —

(If the answer to either Question I (a) or 1 (b) is affirmative) whether a person who has been insured as a self-employed person (but not as an employed person) in a Member State should in relation to a pension payable under the legislation of that Member State be regarded as a pensioner for purposes of Article 77 of the said regulation by reason that he is or has been a worker for purposes of that regulation and/or by reason of the fact that his pension (though unaffected in the competent State by the provisions of that regulation) has been subject to revision in another Member State under that regulation.

III —

(If the answers to Question I (a) or (b) and to Question II are affirmative) whether Article 6 of the said regulation is valid in so far as it operates to deprive a person of any right to benefit derived from a provision of national law of a Member State giving effect to a reciprocal convention with one or more other Member States.