Judgment_paragraph 58 · Doris Habelt, Martha Möser and Peter Wachter v Deutsche Rentenversicherung Bund (C-396/05, C-419/05, C-450/05)

58However, the Rentenversicherung and the German Government dispute that the benefits at issue fall within the material scope of Regulation No 1408/71. They argue that the benefits in question fall within ‘benefit schemes for victims of war or its consequences’ which are excluded from the scope of the regulation under Article 4(4) thereof. They refer, in that regard, to the judgments of the Court in Case 79/76 Fossi [1977] ECR 667 and Case 144/78 Tinelli [1979] ECR 757, which, they claim, confirmed the validity of the exclusion of benefits such as those at issue in the main proceedings from the scope of Regulation No 1408/71.

Doris Habelt, Martha Möser and Peter Wachter v Deutsche Rentenversicherung Bund (C-396/05, C-419/05, C-450/05)

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