Keywords

Summary



Keywords

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1 . PROCEDURE - PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - ' LEGISLATION ' WITHIN THE MEANING OF REGULATION N . 3 OF THE COUNCIL OF THE EEC - CONCEPT

3 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - ARTICLES 27 AND 28 OF REGULATION N . 3 OF THE COUNCIL OF THE EEC - CONDITIONS OF APPLICATION

4 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - WIDOW'S PENSION GRANTED UNDER THE NETHERLANDS LEGISLATION IN FAVOUR OF WIDOWS AND ORPHANS - ASSIMILATION OF COMPLETED INSURANCE PERIODS UNDER THE NETHERLANDS LEGISLATION ON INVALIDITY ( REGULATION N . 3 OF THE COUNCIL OF THE EEC, ARTICLES 27 AND 28; REGULATION N . 130 OF THE COUNCIL OF THE EEC, ARTICLE 7 ( B ) )

5 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - ' BENEFITS ALREADY PAID ' WITHIN THE MEANING OF ARTICLE 28 OF REGULATION N . 3 OF THE COUNCIL OF THE EEC - CONCEPT

Summary

1 . UNDER THE TERMS OF ARTICLE 177 THE COURT, WHEN GIVING A PRELIMINARY RULING, ONLY HAS JURISDICTION TO GIVE A RULING ON THE INTERPRETATION OF THE TREATY AND OF MEASURES OF THE INSTITUTIONS OF THE COMMUNITY, BUT CAN NEITHER APPLY SUCH PROVISIONS TO A PARTICULAR CASE NOR, BY VIRTUE OF THIS ARTICLE, RULE ON THE REGULARITY OF A MEASURE OF A NATIONAL NATURE .

2 . THE EXPRESSION ' LEGISLATION ' USED IN ARTICLES 1 ( B ), 2 ( 1 ) ( D ) AND 3 OF REGULATION N . 3 OF THE COUNCIL OF THE EEC CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS ( OJ OF THE EUROPEAN COMMUNITIES OF 16 DECEMBER 1958, PP . 561 ET SEQ.)ALSO INCLUDES NATIONAL LEGISLATION PROVIDING FOR INSURANCE AGAINST PREMATURE DEATH WITH BENEFITS TO SURVIVORS, EVEN IF SUCH LEGISLATION ENTERED INTO FORCE AFTER REGULATION N . 3 AND EVEN IF NOTICE THEREOF WAS NOT GIVEN .

3 . ARTICLES 27 AND 28 OF REGULATION N . 3 OF THE COUNCIL OF THE EEC SUPPLEMENT ONE ANOTHER AND MUST THEREFORE BE APPLIED SIMULTANEOUSLY .

ARTICLE 28 OF THE SAID REGULATION IS ONLY APPLICABLE IN CASES CONCERNING THE ACQUISITION, MAINTENANCE OR RECOVERY OF THE RIGHT TO BENEFIT AS REFERRED TO IN ARTICLE 27 .

THESE PROVISIONS ALSO APPLY TO LEGISLATION WHICH DOES NOT MAKE THE AMOUNT OF THE BENEFIT DEPENDENT UPON THE LENGTH OF THE INSURANCE PERIOD .

THESE PROVISIONS APPLY ONLY IN SO FAR AS THE REGULATIONS MAKE IT POSSIBLE TO SECURE FOR THE PERSONS CONCERNED BENEFITS AT LEAST EQUAL IN AMOUNT TO THOSE WHICH THEY WOULD RECEIVE IN EACH COUNTRY BY VIRTUE OF THE NATIONAL LEGISLATION APPLICABLE TO THEM, CONSIDERED INDEPENDENTLY OF REGULATIONS NS.3 AND 130 OF THE COUNCIL OF THE EEC .

4 . WHERE, WITHIN THE FRAMEWORK OF ARTICLES 27 AND 28 OF REGULATION N . 3, A WIDOW'S PENSION IS GRANTED BY VIRTUE OF THE NETHERLANDS LEGISLATION CONCERNING GENERAL INSURANCE IN FAVOUR OF WIDOWS AND ORPHANS, THE INSURANCE PERIODS COMPLETED BY VIRTUE OF THE NETHERLANDS LAW ON INVALIDITY MUST BE ASSIMILATED TO THE PERIODS COMPLETED UNDER THE SAID LEGISLATION .

5 . THE EXPRESSION ' BENEFITS ALREADY PAID ' APPEARING IN ARTICLE 28 ( 1 ) ( G ) OF REGULATION N . 3 INCLUDES ALL BENEFITS PAID IN ACCORDANCE WITH SUBPARAGRAPHS ( E ) AND ( F ) OF THE SAID ARTICLE 28 ( 1 ), WHATEVER THE DATE OF PAYMENT .