Judgment of the Court (Fifth Chamber) of 25 February 1986. - G. J. J. De Jong v Bestuur van de Sociale Verzekeringsbank. - Reference for a preliminary ruling: Raad van Beroep Amsterdam - Netherlands. - Social security - Netherlands general old-age insurance. - Case 254/84.
European Court reports 1986 Page 00671
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . SOCIAL SECURITY FOR MIGRANT WORKERS - AFFILIATION TO A SOCIAL SECURITY SCHEME - CONDITIONS - APPLICATION OF NATIONAL LAW - DISCRIMINATION ON GROUNDS OF NATIONALITY - PROHIBITION
2 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND DEATH INSURANCE - SPECIAL RULES CONCERNING THE APPLICATION OF NETHERLANDS LEGISLATION ON GENERAL OLD-AGE INSURANCE - CALCULATION OF PERIODS OF INSURANCE - TAKING INTO ACCOUNT OF CERTAIN PERIODS COMPLETED BY THE RECIPIENT ' S WIFE BEFORE 1 JANUARY 1957 - PERIODS PRIOR TO THE MARRIAGE DURING WHICH SHE NEITHER RESIDED NOR PURSUED AN ACTIVITY AS AN EMPLOYED PERSON IN THE NETHERLANDS - EXCLUSION
( EEC TREATY , ART . 51 ; COUNCIL REGULATION NO 1408/71 , ANNEX VI , PART I , POINT 2 ( C ))
Summary
1 . IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO ONE OR OTHER BRANCH OF SUCH A SCHEME , PROVIDED ALWAYS THAT IN THIS CONNECTION THERE IS NO DISCRIMINATION BETWEEN NATIONALS OF THE HOST STATE AND NATIONALS OF THE OTHER MEMBER STATES .
2 . NEITHER ARTICLE 51 OF THE EEC TREATY NOR THE PROVISIONS OF REGULATION NO 1408/71 , AND IN PARTICULAR POINT 2 ( C ) OF PART I OF ANNEX VI THERETO , REQUIRE THAT , WHEN THE PENSION OF A MARRIED MAN IS DETERMINED UNDER THE NETHERLANDS LEGISLATION ON GENERAL OLD-AGE INSURANCE , HIS WIFE , WHO AFTER 1 JANUARY 1957 COMPLETED PERIODS CONSIDERED AS PERIODS OF INSURANCE UNDER POINT 2 ( C ), MUST THEREFORE BE GRANTED THE ADVANTAGES PROVIDED FOR BY THE NETHERLANDS LEGISLATION IN RESPECT OF PERIODS PRIOR TO THEIR MARRIAGE AND PRIOR TO 1 JANUARY 1957 DURING WHICH SHE NEITHER RESIDED NOR PURSUED AN ACTIVITY AS AN EMPLOYED PERSON IN THE NETHERLANDS .
Parties
IN CASE 254/84
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE RAAD VAN BEROEP ( SOCIAL SECURITY COURT ), AMSTERDAM , FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
G . J . J . DE JONG
AND
BESTUUR VAN DE SOCIALE VERZEKERINGSBANK ( BOARD OF MANAGEMENT OF THE SOCIAL INSURANCE BANK ), AMSTERDAM ,
Subject of the case
ON THE INTERPRETATION OF ARTICLE 51 OF THE EEC TREATY AND ANNEX VI , PART I , POINT 2 OF COUNCIL REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS , TO SELF-EMPLOYED PERSONS AND TO MEMBERS OF THEIR FAMILIES MOVING WITHIN THE COMMUNITY , AS