13The AMS argued that it is the national legislation of the competent State which determines whether a person intending to seek employment in another Member State is available to the employment services of the competent State and fulfils the conditions governing entitlement to unemployment benefit. Whether a person is ‘unemployed’ is a matter which can be determined only according to the legislation of the State which awards him or her unemployment benefit. The AMS referred in this connection to point 6 of the Opinion of Advocate General Tesauro in Case C-62/91 Gray [1992] ECR I-2737.
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