Judgment — ECLI:EU:C:2012:328
Date: 2012-06-07
Language of the case: Dutch
Court formation: Eighth Chamber
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment Social security for migrant workers — Applicable legislation — Worker employed on board a vessel flying the flag of a Member State — Dredger operating outside European Union territory — Legislation of a Member State excluding from its national social security system a worker employed on such a dredger who holds the nationality of that State but does not reside in it — Not permissible (Council Regulation No 1408/71, Art. 13(2)(c), as amended by Regulations No 118/97 and No 307/1999) Article 13(2)(c) of Regulation No 1408/71, as amended and updated by Regulation No 118/97, as amended by Regulation No 307/1999, must be interpreted as precluding a legislative measure of a Member State from excluding, from affiliation to the social security scheme of that Member State, a person who holds that Member State’s nationality but does not reside in it and is employed on board a dredger flying the flag of that Member State and operating outside the territory of the European Union. The effect of Article 13(2)(c) of that regulation is that a provision of the applicable national legislation pursuant to which cover by the social security scheme established by that legislation is conditional on residence in the Member State concerned may not be relied on against the persons referred to in Article 13(2)(c) of that regulation. (see paras 35, 37, operative part)