CELEX: 62011CA0106
Language: en
Date: 2012-06-07 00:00:00
Title: Case C-106/11: Judgment of the Court (Eighth Chamber) of 7 June 2012 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — M.J. Bakker v Minister van Financiën (Social security for migrant workers — Legislation applicable — Worker holding Netherlands nationality working, for an employer established in the Netherlands, on board dredgers flying the Netherlands flag which operate outside the territory of the European Union — Residence in the territory of another Member State — Affiliation to the Netherlands social security system)

21.7.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/4
            
         Judgment of the Court (Eighth Chamber) of 7 June 2012 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — M.J. Bakker v Minister van Financiën
   (Case C-106/11) (1)
   
   (Social security for migrant workers - Legislation applicable - Worker holding Netherlands nationality working, for an employer established in the Netherlands, on board dredgers flying the Netherlands flag which operate outside the territory of the European Union - Residence in the territory of another Member State - Affiliation to the Netherlands social security system)
   2012/C 217/07
   Language of the case: Dutch
   
      Referring court
   
   Hoge Raad der Nederlanden
   
      Parties to the main proceedings
   
   
      Applicant: M.J. Bakker
   
      Defendant: Minister van Financiën
   
      Re:
   
   Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Articles 1(a), 2 and 13(2)(c) 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 (OJ, English special edition, 1971(II), p. 416) — Worker with Netherlands nationality working on dredgers sailing outside the territory of the European Union under the Netherlands flag for an employer established in the Netherlands — Worker residing on the territory of another Member State — No affiliation to the Netherlands social security scheme
   
      Operative part of the judgment
   
   Article 13(2)(c) 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 amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Council Regulation (EC) No 307/1999 of 8 February 1999, must be interpreted as precluding a legislative measure of a Member State from excluding, from affiliation to the social security scheme of that Member State, a person in the position of the applicant in the main proceedings, who holds that Member State’s nationality but does not reside in it and is employed on board a dredger flying the flag of that Member State and operating outside the territory of the European Union.
   
      (1)  OJ C 160, 28.5.2011.