ONE YEAR AFTER THE END OF THE COMPULSORY INSURANCE .
6 MR AND MRS DE RIJKE APPEALED AGAINST BOTH DECISIONS TO THE RAAD VAN BEROEP ( SOCIAL SECURITY COURT ), AMSTERDAM, WHICH ANNULLED THEM BY JUDGMENT OF 6 JUNE 1983 . ON APPEAL, THE CENTRALE RAAD VAN BEROEP ( COURT OF LAST INSTANCE IN SOCIAL SECURITY MATTERS ) SET ASIDE THAT JUDGMENT AS FAR AS THE DECISION TO GRANT THE PENSION WAS CONCERNED AND UPHELD THE REST OF THE JUDGMENT . THE BOARD THEREUPON LODGED AN APPEAL IN CASSATION AT THE HOGE RAAD, WHICH CONCLUDED THAT AN INTERPRETATION OF A PROVISION OF COMMUNITY LAW WAS NEEDED AND STAYED THE PROCEEDINGS UNTIL THE COURT OF JUSTICE HAD GIVEN A PRELIMINARY RULING ON THE FOLLOWING QUESTION :
" WHERE, IN THE CASE OF A MARRIED WOMAN WHOSE HUSBAND IS ENTITLED TO A PENSION UNDER THE NETHERLANDS ALGEMENE OUDERDOMSWET, A PERIOD MUST BE TAKEN INTO ACCOUNT AS AN INSURANCE PERIOD BY VIRTUE OF ANNEX VI, PART I, POINT 2 ( C ) ( ORIGINALLY ANNEX V, PART F, POINT 2 ( C )*) OF COUNCIL REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971, BUT IT DOES NOT QUALIFY AS AN INSURANCE PERIOD UNDER NETHERLANDS LAW ( THAT IS TO SAY UNDER THE PROVISIONS LAID DOWN BY OR PURSUANT TO ARTICLE 6 OF THE ALGEMENE OUDERDOMSWET ),
( A ) DOES THE AFORESAID PROVISION OF COMMUNITY LAW, OR ANY OTHER PROVISION THEREOF, CONFER UPON THAT WOMAN A RIGHT, ENFORCEABLE AGAINST THE COMPETENT NETHERLANDS INSTITUTIONS, TO BE REGARDED AND TREATED AS AN INSURED PERSON FOR THE PURPOSES OF THE ALGEMENE OUDERDOMSWET, IN DEROGATION FROM THE PROVISIONS LAID DOWN BY OR PURSUANT TO ARTICLE 6 THEREOF, OR
( B ) DOES THE PRINCIPLE WHICH EMERGES FROM THE JUDGMENT OF THE COURT OF JUSTICE OF 12 JULY 1979 IN CASE 266/78 BRUNORI V LANDESVERSICHERUNGSANSTALT RHEINPROVINZ (( 1979 )) ECR 2705 AND THE JUDGMENT OF 24 APRIL 1980 IN CASE 110/79 COONAN V INSURANCE OFFICER (( 1980 )) ECR 1445 APPLY, NAMELY THAT IT IS FOR EACH MEMBER STATE TO LAY DOWN THE CONDITIONS FOR AFFILIATION AND CESSATION OF AFFILIATION TO SOCIAL SECURITY SCHEMES?"
7 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE NETHERLANDS LEGISLATION, THE RELEVANT PROVISIONS OF COMMUNITY LAW AND THE WRITTEN OBSERVATIONS SUBMITTED TO THE COURT, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
8 ACCORDING TO ARTICLE 1 ( 2 ) OF THE ROYAL DECREE OF 22 DECEMBER 1971 ON THE PAYMENT OF VOLUNTARY CONTRIBUTIONS UNDER THE OLD-AGE LAW AND THE ALGEMENE WEDUWEN-EN WEZENWET ( LAW ON GENERAL INSURANCE FOR WIDOWS AND ORPHANS ), PERSONS WHO WISH TO REMAIN INSURED ON A VOLUNTARY BASIS, AFTER BEING INSURED UNDER THE OLD-AGE LAW, MUST SUBMIT AN APPLICATION TO THAT EFFECT WITHIN ONE YEAR AT THE LATEST AFTER THE END OF THE INSURANCE . SINCE IN THE CASE OF MRS DE RIJKE THE APPLICATION WAS NOT