11According to settled case-law, any Community national who, irrespective of his place of residence and his nationality, has exercised the right to freedom of movement for workers and who has been employed in a Member State other than that of residence falls within the scope of Article 39 EC (Case C-385/00de Groot [2002] ECR I-11819, paragraph 76; Case C-232/01Van Lent [2003] ECR I-11525, paragraph 14; and Case C-209/01Schilling and Fleck-Schilling [2003] ECR I-13389, paragraph 23).