45Moreover, it should be noted that, while European Union primary law can offer no guarantee to an insured person that moving to another Member State will be neutral in terms of social security, in particular where sickness and old-age pension insurance are concerned, since, given the disparities between the Member States’ social security schemes and legislation, such a move may be to the advantage of the person concerned in terms of social security, or not, depending on the circumstances, it is settled case-law that, where its application is less favourable, national legislation is consistent with European Union law only to the extent that, in particular, such legislation does not place the worker at a disadvantage compared to those who pursue all their activities in the Member State where it applies and does not purely and simply result in the payment of social security contributions on which there is no return (see, to that effect, Joined Cases C-393/99 and C-394/99 Hervein and Others [2002] ECR I-2829, paragraph 51; Case C-493/04 Piatkowski [2006] ECR I-2369, paragraph 34; van Delft and Others, paragraphs 100 and 101; and Case C-388/09 da Silva Martins [2011] ECR I-5737, paragraphs 72 and 73).
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