Judgment — ECLI:EU:C:1997:543
Date: 1997-11-13
Language of the case: Dutch
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social security for migrant workers
Concepts: Invalidity
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgmen t 
1. Social security for migrant workers — Invalidity insurance — Calculation of benefits — Spe­
cial rules for the application of the Netherlands Uw on insurance against incapacity for work 
— Periods of paid employment or periods treated as such completed in the NetherUnds before 
1 July 1967 — Definition — Periods of military service — Included 
(Council ReguUtion No 1408/71, Annex VI, Part J, point 4(a) and (c), as amended by Regu­
lation No 1248/92) 
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SUMMARY - - CASE C-248/% 
2. Social security for migrant workers — Invalidity insurance — CalcuUtion of benefits — Spe­
cial rules for the application of the Netherlands law on insurance against incapacity for work 
— Periods of paid employment or periods treated as such completed in the former Nether-
Unds New Guinea — Included 
(Council ReguUtion No 1408/71, Annex VI, Part J, point 4(a)) 
1. Part J, point 4(a) of Annex VI to Regu­
lation N o 1408/71, as amended and 
updated by Regulation N o 2001/83 and 
as adapted by Part VIII of Annex I to the 
Act concerning the conditions of acces­
sion of the Kingdom of Spain and the 
Portuguese Republic and the adjustments 
to the Treaties, and Part J, point 4(c), of 
Annex VI to that regulation, as amended 
by Regulation N o 1248/92, are to be 
interpreted as meaning that periods of 
compulsory or enlisted military service 
completed with the Netherlands armed 
forces before 1 July 1967 constitute 'peri­
ods of paid work' or of 'paid employ­
ment', or 'equivalent periods' or 'periods 
treated as such', completed in the Nether­
lands before that date. 
2. Periods of military service completed in 
the former Netherlands New Guinea 
when it was an overseas territory to 
which the association arrangements laid 
down in Part Four of the Treaty applied, 
must be regarded as having been com­
pleted in the Netherlands for the pur­
poses of Part J, point 4(a), of Annex VI to 
Regulation N o 1408/71. 
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