THE ACTION PENDING BEFORE THAT COURT BETWEEN
MRS G . VAASSEN ( NEE GOEBBELS ) ( A WIDOW ), RESIDENT AT BARDENBERG ( GERMANY ),
AND
MANAGEMENT OF THE BEAMBTENFONDS VOOR HET MIJNBEDRIJF, HEERLEN ( NETHERLANDS ),
Subject of the case
ON THE INTERPRETATION OF REGULATION NO 3 OF THE COUNCIL OF THE EEC CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS ( OFFICIAL JOURNAL OF 16 DECEMBER 1958, P.561 ET SEQ .),
Grounds
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I - THE ADMISSIBILITY OF THE REQUEST FOR INTERPRETATION
THE DEFENDANT IN THE MAIN ACTION ASSERTS THAT THE SCHEIDSGERECHT VAN HET BEAMBTENFONDS VOOR HET MIJNBEDRIJF, HEREINAFTER REFERRED TO AS ' THE SCHEIDSGERECHT ', IS NOT A COURT OR TRIBUNAL WITHIN THE MEANING OF ARTICLE 177 OF THE EEC TREATY, AND IS THEREFORE NOT COMPETENT TO SUBMIT TO THE COURT OF JUSTICE A REQUEST IN PURSUANCE OF THAT ARTICLE FOR THE INTERPRETATION OF ANY OF THE MATTERS THEREIN SPECIFIED .
P.273
THE SCHEIDSGERECHT IS PROPERLY CONSTITUTED UNDER NETHERLANDS LAW, AND IS PROVIDED FOR BY THE ' REGLEMENT VAN HET BEAMBTENFONDS VOOR HET MIJNBEDRIJF ' ( RBFM ) WHICH GOVERNS THE RELATIONSHIP BETWEEN THE BEAMBTENFONDS AND THOSE INSURED BY IT .
ACCORDING TO THE TERMS OF THE NETHERLANDS INVALIDITY LAW, THE COMPULSORY INSURANCE PROVIDED FOR BY THAT LAW DOES NOT APPLY TO PERSONS WHOSE INVALIDITY OR OLD-AGE PENSION IS PROVIDED FOR UNDER THE TERMS OF ANOTHER SCHEME WHICH IS INTENDED TO REPLACE THE GENERAL SCHEME . SUCH SUBSTITUTION WILL OCCUR WHEN THE COMPETENT AUTHORITIES DECLARE THAT THE SUBSTITUTED SCHEME SATISFIES THE LEGAL REQUIREMENTS AND OFFERS SUFFICIENT GUARANTEES FOR THE PROVISION OF PENSIONS . ANALOGOUS PROVISIONS EXIST FOR OTHER BRANCHES OF SOCIAL SECURITY . IT FOLLOWS THAT THE RULES AND ANY SUBSEQUENT AMENDMENTS OF THEM MUST BE APPROVED NOT ONLY BY THE NETHERLANDS MINISTER RESPONSIBLE FOR THE MINING INDUSTRY, BUT ALSO BY THE MINISTER FOR SOCIAL AFFAIRS AND PUBLIC HEALTH .
IT IS THE DUTY OF THE MINISTER RESPONSIBLE FOR THE MINING INDUSTRY TO APPOINT THE MEMBERS OF THE SCHEIDSGERECHT, TO DESIGNATE ITS CHAIRMAN AND TO LAY DOWN ITS RULES OF PROCEDURE .
THE SCHEIDSGERECHT IS A PERMANENT BODY CHARGED WITH THE SETTLEMENT OF THE DISPUTES DEFINED IN GENERAL TERMS IN ARTICLE 89 OF THE RBFM, AND IT IS BOUND BY RULES OF ADVERSARY PROCEDURE SIMILAR TO THOSE USED BY THE ORDINARY COURTS OF LAW .
FINALLY, THE PERSONS REFERRED TO IN THE RBFM ARE COMPULSORILY MEMBERS OF THE BEAMBTENFONDS BY VIRTUE OF A REGULATION LAID DOWN BY THE MIJNINDUSTRIERAAD ( COUNCIL OF THE MINING INDUSTRY ), A BODY ESTABLISHED UNDER PUBLIC LAW . THEY ARE BOUND TO TAKE ANY DISPUTES BETWEEN THEMSELVES AND THEIR INSURER TO THE SCHEIDSGERECHT AS THE PROPER JUDICIAL BODY . THE SCHEIDSGERECHT IS BOUND TO APPLY RULES OF LAW .
IN THIS CASE THE QUESTION WHETHER RULES SUCH AS THE RBFM ARE COVERED BY REGULATION NO 3 OF THE COUNCIL OF THE EEC CONCERNS THE INTERPRETATION OF THIS REGULATION, AND IT MUST BE EXAMINED IN THE CONTEXT OF THE FIRST QUESTION PUT BY THE SCHEIDSGERECHT