Opinion of the Advocate General — ECLI:EU:C:2019:151
Date: 2019-02-28
Language of the case: Dutch
Subject matter: Association Agreement;External relations;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands) lodged on 4 December 2017 — M. Çoban v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Case C-677/17) Language of the case: Dutch Referring court Centrale Raad van Beroep Parties to the main proceedings Applicant: M. Çoban Defendant: Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen Question referred Must Article 6(1) of Decision No 3/80, 1 having regard to Article 59 of the Additional Protocol, be interpreted as precluding a legislative provision of a Member State such as Article 4a of the Toeslagenwet (Netherlands Law on Supplementary Benefits), under which a supplementary benefit which has been awarded is withdrawn if the beneficiary moves to Turkey, even if that beneficiary left the territory of the Member State on his own initiative? Is it significant in this regard that, at the time of departure, the person concerned no longer has a right of residence under the law of the [EEC-Turkey] Association, but does hold a long-term resident’s EU residence permit? Is it significant in this regard that the person concerned has the opportunity, under national rules, to return within a year of his departure in order to regain the supplementary benefit, and that this possibility continues for as long as he holds a long-term resident’s EU residence permit? ____________ 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, p. 60).