CELEX: C2004/094/66
Language: en
Date: 2004-04-17 00:00:00
Title: Case C-101/04: Reference for a preliminary ruling by the Arbeidsrechtbank Gent by order of that Court of 17 February 2004 in the case of Roger Noteboom against Rijksdienst voor Pensionen

17.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 94/29
            
         Reference for a preliminary ruling by the Arbeidsrechtbank Gent by order of that Court of 17 February 2004 in the case of Roger Noteboom against Rijksdienst voor Pensionen
   (Case C-101/04)
   (2004/C 94/66)
   Reference has been made to the Court of Justice of the European Communities by order of the Arbeidsrechtbank Gent (Ghent Labour Court) of 17 February 2004, received at the Court Registry on 26 February 2004, for a preliminary ruling in the case of Roger Noteboom against Rijksdienst voor Pensionen on the following questions:
   
               1.
            
            
               Does holiday pay within the meaning of Article 22 of Royal Decree No 50 of 24 October 1967 and Article 56 of the Royal Decree of 21 December 1967 fall within the scope ratione materiae of Regulation No 1408/71 (1) and more specifically does it constitute an ‘old-age benefit’ within the meaning of Article 4(1)(c) thereof?
            
         
               2.
            
            
               Are Articles 45(1) and (6) of Regulation No 1408/71 to be interpreted as meaning that the RVP must, as the competent institution, take account of insurance periods completed in another Member State in determining entitlement to holiday pay?
            
         
               3.
            
            
               If the second question is answered in the negative, does the requirement in Article 71(1)(a)(ii) of Regulation No 1408/71 that the benefit is to be determined in accordance with the provisions of the legislation of the Member State in whose territory the frontier worker resides ‘as though he had been subject to that legislation while last employed’ apply only to unemployment benefit or also to other benefits such as, in particular, holiday pay as referred to in Article 22 of Royal Decree No 50 of 24 October 1967 and Article 56 of the Royal Decree of 21 December 1967?
            
         
      (1)  English special edition: Series I Chapter 1971(II) P. 0416