22In the reference for a preliminary ruling, the Oberster Gerichtshof refers to the Court’s case-law (Case C-85/96 Martínez Sala [1998] ECR I-2691, Case C-262/96 Sürül [1999] ECR I-2685, and Case C-543/03 Dodl and Oberhollenzer [2005] ECR I-5049), which, according to that court, shows that, in order for a person to be regarded as being a worker for the purposes of Regulation No 1408/71, the determining factor is the fact of being insured under a social security scheme for workers, irrespective of whether or not that person has a professional activity, and that merely taking unpaid leave for a given period of time cannot deprive that person of his or her status as a ‘worker’ for the purposes of Regulation No 1408/71.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.