CELEX: 62014CN0197
Language: en
Date: 2014-04-18 00:00:00
Title: Case C-197/14: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 18 April 2014  — T.A. van Dijk v Staatssecretaris van Financiën

14.7.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 223/5
            
         Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 18 April 2014 — T.A. van Dijk v Staatssecretaris van Financiën
   (Case C-197/14)
   2014/C 223/06
   Language of the case: Dutch
   
      Referring court
   
   Hoge Raad der Nederlanden
   
      Parties to the main proceedings
   
   
      Applicant: T.A. van Dijk
   
      Other party to the proceedings: Staatssecretaris van Financiën
   
      Questions referred
   
   
               1)
            
            
               Is the Hoge Raad, as the highest national court, required, because of a question referred for a preliminary ruling by a lower national court, to refer a question to the Court of Justice for a preliminary ruling or must it await the answer to that question referred by the lower national court, even if it takes the view that the correct application of EU law on the matter to be decided by it is so obvious as to leave no scope for any reasonable doubt as to how that question must be answered?
            
         
               2)
            
            
               If the first question is to be answered in the affirmative, are the Netherlands authorities in the area of social security then bound by an E 101 certificate issued by the authorities of another Member State, even where the case involves a Rhine boatman, with the result that the rules on the applicable legislation in Regulation No 1408/71, (1) to which that certificate refers, are not applicable pursuant to Article 7(2)(a) of that regulation?
            
         
      (1)  Regulation (EEC) 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 (OJ, English special edition 1971 (II), p. 416).