# C_2013178EN.01000403.xml

| 22.6.2013 | EN | Official Journal of the European Union | C 178/4 |
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22.6.2013

EN

Official Journal of the European Union

C 178/4

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Request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands) lodged on 8 April 2013 — Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv) v M.S. Demirci and Others

(Case C-171/13)

2013/C 178/08

Language of the case: Dutch

Referring court

Referring court

Centrale Raad van Beroep

Parties to the main proceedings

Parties to the main proceedings

Appellant: Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv)

Appellant:

Respondents: M.S. Demirci, D. Cetin, A.I. Önder, R. Keskin, M. Tüle, A. Taskin

Respondents:

Questions referred

Questions referred

| 1. | Must Article 6(1) of Decision No 3/80, (1) having regard to Article 59 of the Additional Protocol, (2) be interpreted as precluding a legislative provision of a Member State, such as Article 4a of the TW, (3) which withdraws the supplementary benefit awarded on the basis of national legislation if the persons in receipt of that benefit no longer live in the territory of that State, even if those persons, while retaining Turkish nationality, have acquired the nationality of the host Member State? |
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1.

Must Article 6(1) of Decision No 3/80, (1) having regard to Article 59 of the Additional Protocol, (2) be interpreted as precluding a legislative provision of a Member State, such as Article 4a of the TW, (3) which withdraws the supplementary benefit awarded on the basis of national legislation if the persons in receipt of that benefit no longer live in the territory of that State, even if those persons, while retaining Turkish nationality, have acquired the nationality of the host Member State?

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| 2. | If, in answering the first question, the Court of Justice concludes that the persons concerned may rely on Article 6(1) of Decision No 3/80, but that such reliance is restricted by the effect of Article 59 of the Additional Protocol: must Article 59 of the Additional Protocol be interpreted as precluding continuation of entitlement to the supplementary benefit for Turkish nationals, such as the persons concerned, as from the point in time at which European Union nationals can no longer claim entitlement to that benefit on the basis of European Union law, even if European Union nationals retained that benefit for a longer period of time on the basis of national law? |
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2.

If, in answering the first question, the Court of Justice concludes that the persons concerned may rely on Article 6(1) of Decision No 3/80, but that such reliance is restricted by the effect of Article 59 of the Additional Protocol: must Article 59 of the Additional Protocol be interpreted as precluding continuation of entitlement to the supplementary benefit for Turkish nationals, such as the persons concerned, as from the point in time at which European Union nationals can no longer claim entitlement to that benefit on the basis of European Union law, even if European Union nationals retained that benefit for a longer period of time on the basis of national law?

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(1)  Decision No 3/80 of the Association Council of 19 September 1980 on the application of the social security schemes of the Member States of the European Communities to Turkish workers and members of their families (OJ 1983 C 110, 25.4.1983, p. 60).

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(2)  Additional Protocol, signed in Brussels on 23 November 1970 and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972 (OJ 1973 C 113, p. 18).

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(3)  Toeslagenwet (Netherlands Law on supplementary benefits designed to ensure receipt of the minimum income).

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