CELEX: C2005/229/04
Language: en
Date: 2005-09-17 00:00:00
Title: Judgment of the Court (Third Chamber) of 7 July 2005 in Case C-227/03: Reference for a preliminary ruling from the Rechtbank te Amsterdam in A.J. van Pommeren-Bourgondiën v Raad van bestuur van de Sociale verzekeringsbank (Social security — Regulation (EEC) No 1408/71 — Scope — Invalidity benefit — Continued entitlement to benefits after transfer of residence to another Member State)

17.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 229/2
            
         
      JUDGMENT OF THE COURT
   
   (Third Chamber)
   of 7 July 2005
   in Case C-227/03: Reference for a preliminary ruling from the Rechtbank te Amsterdam in A.J. van Pommeren-Bourgondiën v Raad van bestuur van de Sociale verzekeringsbank (1)
   
   (Social security - Regulation (EEC) No 1408/71 - Scope - Invalidity benefit - Continued entitlement to benefits after transfer of residence to another Member State)
   (2005/C 229/04)
   Language of the case: Dutch
   In Case C-227/03: reference for a preliminary ruling under Article 234 EC from the Rechtbank te Amsterdam (Netherlands), made by decision of 21 May 2003, received at the Court on 26 May 2003, in the proceedings between A.J. van Pommeren-Bourgondiën and Raad van bestuur van de Sociale verzekeringsbank — the Court (Third Chamber), composed of A. Rosas, President of the Chamber, J.P. Puissochet (Rapporteur), S. von Bahr, U. Lõhmus and A. Ó Caoimh, Judges; F.G. Jacobs, Advocate General; H. von Holstein, Deputy Registrar, for the Registrar, gave a judgment on 7 July 2005, the operative part of which is as follows:
   Article 39 EC precludes legislation of a Member State pursuant to which a person who has ceased all occupational activity in its territory remains compulsorily insured in respect of some branches of social security only if he continues to reside there, whilst that person remains compulsorily insured under the legislation of that Member State in respect of certain other branches of social security even if his residence is in another Member State, in circumstances where the conditions relating to voluntary insurance, in respect of the branches for which compulsory insurance has ceased, are less favourable than those relating to compulsory insurance.
   
      (1)  OJ C 171 of 19.7.2003.