# C_2015205EN.01000401.xml

| 22.6.2015 | EN | Official Journal of the European Union | C 205/4 |
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22.6.2015

EN

Official Journal of the European Union

C 205/4

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Judgment of the Court (Fourth Chamber) of 23 April 2015 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — C.E. Franzen, H.D. Giesen, F. van den Berg v Raad van bestuur van de Sociale verzekeringsbank

(Case C-382/13) (1)

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((Reference for a preliminary ruling - Social security for migrant workers - Regulation (EEC) No 1408/71 - Articles 13(2) and 17 - Casual work in a Member State other than the State of residence - Legislation applicable - Refusal to grant family benefits and reduction of the old-age pension by the State of residence))

(2015/C 205/05)

Language of the case: Dutch

Referring court

Referring court

Centrale Raad van Beroep

Parties to the main proceedings

Parties to the main proceedings

Applicants: C.E. Franzen, H.D. Giesen, F. van den Berg

Applicants:

Defendant: Raad van bestuur van de Sociale verzekeringsbank

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 13(2)(a) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 1992/2006 of the European Parliament and of the Council of 18 December 2006, must be interpreted as meaning that a resident of a Member State, who comes within the scope of that regulation, as amended, and who works for several days per month on the basis of an on-call contract in the territory of another Member State, is subject to the legislation of the State of employment both on the days on which he performs the employment activities and on the days on which he does not. |
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Article 13(2)(a) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 1992/2006 of the European Parliament and of the Council of 18 December 2006, must be interpreted as meaning that a resident of a Member State, who comes within the scope of that regulation, as amended, and who works for several days per month on the basis of an on-call contract in the territory of another Member State, is subject to the legislation of the State of employment both on the days on which he performs the employment activities and on the days on which he does not.

| 2. | Article 13(2)(a) of Regulation No 1408/71, as amended and updated by Regulation No 118/97, as amended by Regulation No 1992/2006, read in conjunction with Article 13(1) of that regulation, must be interpreted, in circumstances such as those in the main proceedings, as not precluding a migrant worker, who is subject to the legislation of the State of employment, from receiving, by virtue of national legislation of the Member State of residence, an old-age pension and family benefits from the latter State. |
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2.

Article 13(2)(a) of Regulation No 1408/71, as amended and updated by Regulation No 118/97, as amended by Regulation No 1992/2006, read in conjunction with Article 13(1) of that regulation, must be interpreted, in circumstances such as those in the main proceedings, as not precluding a migrant worker, who is subject to the legislation of the State of employment, from receiving, by virtue of national legislation of the Member State of residence, an old-age pension and family benefits from the latter State.

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(1)  OJ C 274, 21.9.2013.

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