COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1971 ( II ), P . 416 ),
Grounds
1 BY ORDER OF 19 OCTOBER 1982 , WHICH WAS RECEIVED AT THE COURT ON 31 MAY 1983 , THE CENTRALE RAAD VAN BEROEP ( COURT OF LAST INSTANCE IN SOCIAL SECURITY MATTERS ) REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TWO QUESTIONS RELATING TO THE INTERPRETATION OF ARTICLE 17 OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ( OFFICIAL JOURNAL ENGLISH SPECIAL EDITION 1971 ( II ), P . 416 ).
2 THE QUESTIONS WERE RAISED IN PROCEEDINGS BROUGHT BY P . BRUSSE AGAINST THE RAAD VAN ARBEID ( LABOUR COUNCIL ), AMSTERDAM .
3 HAVING PREVIOUSLY WORKED IN THE NETHERLANDS , MR BRUSSE , A NETHERLANDS NATIONAL , HAS LIVED AND WORKED IN THE UNITED KINGDOM SINCE 1 SEPTEMBER 1964 . ACCORDING TO ARTICLE 13 ( 2 ) ( A ) OF REGULATION NO 1408/71 HE SHOULD HAVE BEEN SUBJECT TO THE SOCIAL SECURITY LEGISLATION OF THE MEMBER STATE IN WHICH HE WAS EMPLOYED , THAT IS TO SAY , IN RELATION TO THE PERIOD COMMENCING ON 1 SEPTEMBER 1964 , THE UNITED KINGDOM . HOWEVER , HE WAS NEVER AFFILIATED TO THE UNITED KINGDOM SOCIAL SECURITY SCHEME AND CONTINUED TO PAY VOLUNTARY CONTRIBUTIONS TO THE NETHERLANDS SCHEME .
4 WHEN THE IRREGULARITY OF MR BRUSSE ' S SITUATION WAS DISCOVERED IN 1977 THE RELEVANT UNITED KINGDOM AND NETHERLANDS AUTHORITIES DECIDED , IN VIEW OF THE FACT THAT THE IRREGULARITY HAD EXISTED FOR SEVERAL YEARS , TO CONCLUDE AN AGREEMENT PURSUANT TO ARTICLE 17 OF REGULATION NO 1408/71 .
5 ARTICLE 17 IS WORDED AS FOLLOWS :
' ' TWO OR MORE MEMBER STATES OR THE COMPETENT AUTHORITIES OF THOSE STATES MAY , BY COMMON AGREEMENT , PROVIDE FOR EXCEPTIONS TO THE PROVISIONS OF ARTICLES 13 AND 16 IN THE INTEREST OF CERTAIN WORKERS OR CATEGORIES OF WORKERS . ' '
6 ACCORDING TO THE AGREEMENT RELATING TO MR BRUSSE CONCLUDED BY THOSE AUTHORITIES HE WAS TO BE REGARDED AS SUBJECT TO THE NETHERLANDS SOCIAL SECURITY SCHEME FOR THE PERIOD ENDING ON 31 DECEMBER 1977 . HOWEVER , AS FROM THAT DATE THE UNITED KINGDOM LEGISLATION WAS TO BE APPLICABLE TO HIM .
7 ON THE BASIS OF THAT AGREEMENT MR BRUSSE ' S EMPLOYER ASKED THE RAAD VAN ARBEID , AMSTERDAM , TO AWARD MR BRUSSE THE FAMILY ALLOWANCES PAYABLE TO HIM UNDER NETHERLANDS LEGISLATION FOR THE PERIOD IN RESPECT OF WHICH IT HAD BEEN AGREED THAT THAT LEGISLATION WOULD APPLY TO HIM .
8 THE RAAD VAN ARBEID REJECTED THAT REQUEST , CONTENDING THAT THE NETHERLANDS LEGISLATION PROVIDES FOR PAYMENT OF FAMILY ALLOWANCES ONLY TO WORKERS RESIDING IN THE NETHERLANDS AND THAT MR BRUSSE DID NOT FULFIL THAT CONDITION DURING THE RELEVANT PERIOD . IN ADDITION THE RAAD VAN ARBEID DENIED