31It should first be noted in this regard that, as the Advocate General has mentioned at point 33 of his Opinion, the Court has consistently held that Community law does not detract from the power of the Member States to organise their social security systems and that, in the absence of harmonisation at Community level, it is for the legislation of each Member State to determine both the conditions concerning the right or duty to be insured with a social security scheme and the conditions for entitlement to benefits. Nevertheless, the Member States must comply with Community law when exercising that power (Case C-157/99 Geraets-Smits and Peerbooms [2001] ECR I-5473, paragraphs 44 to 46).
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