Keywords

Summary



Keywords

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1 . PROCEDURE - PRELIMINARY RULING - NATIONAL COURT OR TRIBUNAL WITHIN THE MEANING OF ARTICLE 177 OF THE EEC TREATY - BODIES ANALOGOUS TO ORDINARY COURTS OF LAW - POWER TO REFER CASES TO THE COURT

2 . PROCEDURE - PRELIMINARY RULING - JURISDICTION OF THE COURT - INTERPRETATION

( EEC TREATY, ARTICLE 177 )

3 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - SOCIAL INSURANCE - LEGISLATION WITHIN THE MEANING OF REGULATION NO 3 OF THE COUNCIL OF THE EEC - ENFORCEABLE PROVISIONS - CONCEPTS

( REGULATION NO 3 OF THE COUNCIL OF THE EEC, ARTICLE 1(B ))

4 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - SOCIAL INSURANCE - SPECIAL SCHEME WITHIN THE MEANING OF ARTICLE 2(2 ) OF REGULATION NO 3 OF THE COUNCIL OF THE EEC - INQUIRY BY THE NATIONAL COURT INTO THE EXISTENCE OF SUCH A SCHEME - APPLICATION TO SUCH A SCHEME OF THE PROVISIONS OF REGULATIONS NOS 3 AND 4

( REGULATION NO 3 OF THE COUNCIL OF THE EEC, ARTICLE 2(2 ))

5 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - SOCIAL INSURANCE - APPLICATION OF REGULATION NO 3 OF THE COUNCIL OF THE EEC - NETHERLANDS LEGISLATION - SICKNESS INSURANCE - GENERAL SCHEME AND SPECIAL SCHEMES COVERED

( REGULATION NO 3 OF THE COUNCIL OF THE EEC, ANNEX B, HEADING ' NETHERLANDS ')

6 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - SOCIAL INSURANCE - TERRITORIAL PROVISIONS NOT TO BE APPLIED AGAINST THEM - PERSONS IN RECEIPT OF PENSIONS UNDER THE LEGISLATION OF A MEMBER STATE AND THEIR SURVIVORS - PERMANENT RESIDENCE IN A MEMBER STATE OTHER THAN THE ONE WHERE THE INSTITUTION LIABLE FOR PAYMENT IS SITUATED - AFFILIATION TO THE INSURANCE SCHEME SAFE-GUARDED EVEN WHEN OPTIONAL

( EEC TREATY, ARTICLES 48 TO 51; REGULATION NO 3 OF THE COUNCIL OF THE EEC, ARTICLES 4, 22 )

7 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - SOCIAL INSURANCE - BENEFITS IN KIND WITHIN THE MEANING OF ARTICLE 22 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC - BENEFITS IN THE FORM OF REIMBURSEMENT OF EXPENSES INCURRED

( REGULATION NO 3 OF THE COUNCIL OF THE EEC, ARTICLE 22 )

Summary

1 . THE EXPRESSION ' COURT OR TRIBUNAL ' IN ARTICLE 177 OF THE EEC TREATY MAY IN CERTAIN CIRCUMSTANCES INCLUDE BODIES OTHER THAN ORDINARY COURTS OF LAW .

2 . CF . PARA . 1, SUMMARY IN CASE 6/64, ( 1964 ) ECR 585 .

IN THE CONTEXT OF REQUESTS FOR PRELIMINARY RULINGS, THE COURT HAS NO JURISDICTION EITHER TO APPLY THE TREATY TO A SPECIFIC CASE OR TO DECIDE UPON THE VALIDITY OF A PROVISION OF DOMESTIC LAW IN RELATION TO THE TREATY, AS IT WOULD BE POSSIBLE FOR IT TO DO UNDER ARTICLE 169 . NEVERTHELESS, THE COURT HAS POWER TO EXTRACT FROM A QUESTION IMPERFECTLY FORMULATED BY THE NATIONAL COURT THOSE QUESTIONS WHICH ALONE PERTAIN TO THE INTERPRETATION OF THE TREATY . */ 664J0006 /*.

3 . RULES GOVERNING SICKNESS INSURANCE FOR WORKERS AND THEIR SURVIVORS, LAID DOWN AND OPERATED BY AN INSTITUTION ESTABLISHED UNDER PRIVATE LAW, SINCE THEY ARE ' ENFORCEABLE PROVISIONS ' FALL WITHIN THE TERM ' LEGISLATION ' WITHIN THE MEANING OF ARTICLES 1(B ) AND 4 OF REGULATION NO 3 WHEN THE SAID PROVISIONS SUPPLEMENT OR ARE A SUBSTITUTE FOR LAWS AND REGULATIONS ESTABLISHING A GENERAL OR SPECIAL SOCIAL SECURITY SCHEME .

4 . IN PARTICULAR A SPECIAL SCHEME WITHIN THE MEANING OF ARTICLE 2(2 ) OF REGULATION NO 3 OF THE COUNCIL OF THE EEC EXISTS WHEN A SPECIFIC GROUP OF WORKERS IS COMPULSORILY MADE SUBJECT TO A SPECIAL TYPE OF INSURANCE BY VIRTUE OF PUBLIC LAW . IT IS FOR THE NATIONAL COURT TO EXAMINE WHETHER THE CONDITIONS REQUIRED FOR THE EXISTENCE OF A SPECIAL SCHEME ARE MET . REGULATIONS NOS 3 AND 4 ARE APPLICABLE TO A SPECIAL SCHEME IN ITS ENTIRETY, INCLUDING ANY PROVISIONS WHICH IT MAY CONTAIN CONCERNING THE VOLUNTARY AND OPTIONAL AFFILIATION OF FORMER INSURED PERSONS AND THEIR SURVIVORS .

5 . THE HEADING ' NETHERLANDS ' IN ANNEX B TO REGULATION NO 3 OF THE COUNCIL OF THE EEC COVERS BOTH THE GENERAL AND THE SPECIAL SOCIAL SECURITY SCHEMES PROVIDING FOR INSURANCE AGAINST SICKNESS .

6 . ONE OF THE INTENTIONS OF ARTICLES 48 TO 51 OF THE EEC TREATY AND OF REGULATION NO 3 OF THE COUNCIL OF THE EEC IS TO PREVENT TERRITORIAL PROVISIONS FROM BEING APPLIED AGAINST WORKERS OR THEIR SURVIVORS IN MATTERS OF SOCIAL SECURITY . ACCORDINGLY UNDER REGULATION NO 3 AN INSTITUTION MANAGING A SICKNESS INSURANCE SCHEME MAY NOT REFUSE TO GIVE THE BENEFIT OF AFFILIATION TO THE SCHEME, EVEN AN OPTIONAL SCHEME, TO A WORKER ENTITLED TO A PENSION BY VIRTUE OF THE LEGISLATION OF A MEMBER STATE OR TO HIS SURVIVOR, IF THE REASON FOR SO REFUSING IS THAT THE PERSON SO ENTITLED RESIDES PERMANENTLY IN A MEMBER STATE OTHER THAN THE ONE IN WHICH THE SAID INSTITUTION IS SITUATED .

7 . ARTICLE 22 OF REGULATION NO 3 ALSO APPLIES TO BENEFITS GIVEN IN THE FORM OF REIMBURSEMENT OF EXPENSES FOR MEDICAL TREATMENT, MEDICINES AND NURSING .