BANKING , INSURANCE , WHOLESALE TRADE AND PROFESSIONS ' ASSOCIATION , HEREINAFTER REFERRED TO AS ' THE ASSOCIATION ' ) TO ACCORD HIM SICKNESS INSURANCE BENEFITS UNDER THE ZIEKTEWET .
3 IN APRIL 1981 THE PRIVATE LIMITED LIABILITY COMPANY SLENDEROSE LIMITED , WHOSE REGISTERED OFFICE IS IN LONDON , WAS FORMED IN ACCORDANCE WITH ENGLISH LAW . IN JUNE 1981 MR SEGERS AND HIS WIFE TOOK OVER THAT COMPANY , EACH HOLDING AN EQUAL NUMBER OF SHARES . IN JULY 1981 MR SEGERS INCORPORATED INTO SLENDEROSE LIMITED AS A SUBSIDIARY OF THAT COMPANY HIS ONE-MAN BUSINESS , FREE PROMOTION INTERNATIONAL , WHOSE REGISTERED OFFICE IS IN THE NETHERLANDS . AT THE SAME TIME , HE BECAME A DIRECTOR OF SLENDEROSE . IN PRACTICE ALL OF SLENDEROSE ' S BUSINESS IS CONDUCTED BY ITS SUBSIDIARY AND SOLELY IN THE NETHERLANDS .
4 IN JULY 1981 , IN ORDER TO OBTAIN SICKNESS INSURANCE BENEFITS , MR SEGERS REGISTERED AS SICK WITH THE ASSOCIATION . THAT BODY REFUSED TO GRANT HIM SUCH BENEFITS ON THE GROUNDS THAT HE HAD NO EMPLOYMENT CONTRACT WITH SLENDEROSE AND THAT CONSEQUENTLY HE WAS NOT SUBORDINATE TO AN EMPLOYER . THE ZIEKTEWET PROVIDES , INTER ALIA , THAT ANY PERSON WHO IS IN A SUBORDINATE POSITION IN RELATION TO ANOTHER PERSON , AN EMPLOYER , IS INSURED .
5 FOLLOWING THE REJECTION BY THE COURT OF FIRST INSTANCE OF HIS ACTION AGAINST THAT DECISION , MR SEGERS APPEALED TO THE CENTRALE RAAD VAN BEROEP . THAT COURT REFERRED TO ITS OWN DECISIONS ACCORDING TO WHICH THE DIRECTOR OF A COMPANY WHO HIMSELF HOLDS 50% OR MORE OF THE SHARES OF THAT COMPANY MUST BE DEEMED TO WORK FOR THAT COMPANY IN A POSITION SUBORDINATE TO IT . THE ASSOCIATION , HOWEVER , CONTENDED BEFORE THE NATIONAL COURT THAT THAT CASE-LAW SHOULD APPLY ONLY TO DIRECTORS OF COMPANIES WHOSE REGISTERED OFFICE WAS IN THE NETHERLANDS AND NOT TO A COMPANY INCORPORATED UNDER FOREIGN LAW .
6 THE CENTRALE RAAD VAN BEROEP TOOK THE VIEW THAT THE ASSOCIATION ' S ARGUMENT HAD SOME FORCE AND THAT AN INTERPRETATION OF COMMUNITY LAW WAS REQUIRED . IT THEREFORE STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
' ( 1 ) DO THE PRINCIPLES OF FREEDOM OF ESTABLISHMENT WITHIN THE EEC AND FREEDOM TO PROVIDE SERVICES WITHIN THE EEC - IN PARTICULAR THE LAST SENTENCE OF ARTICLE 52 READ WITH ARTICLE 58 OF THE EEC TREATY AND THE LAST SENTENCE OF ARTICLE 60 READ WITH ARTICLE 66 OF THAT TREATY - MEAN THAT , WHEN DECIDING WHETHER THERE IS AN INSURANCE OBLIGATION UNDER NETHERLANDS SOCIAL SECURITY LEGISLATION , NETHERLANDS COURTS MAY NOT MAKE ANY DISTINCTION BETWEEN THE DIRECTOR/MAJOR SHAREHOLDER OF A PRIVATE COMPANY INCORPORATED UNDER NETHERLANDS LAW AND A DIRECTOR/MAJOR SHAREHOLDER OF A PRIVATE COMPANY INCORPORATED UNDER THE LAWS OF ANOTHER MEMBER STATE , EVEN IF THE FOREIGN COMPANY CLEARLY DOES NOT CARRY OUT ANY ACTUAL BUSINESS IN THE OTHER MEMBER STATE CONCERNED