CELEX: C2000/006/26
Language: en
Date: 2000-01-08 00:00:00
Title: Case C-389/99: Reference for a preliminary ruling from the Lapin Lääninoikeus by order of that court of 5 October 1999 in the case of Sulo Rundgren

C 6/14                  EN                   Official Journal of the European Communities                                       8.1.2000
Reference for a preliminary ruling from the Lapin Lää-                  4. What effect, in the interpretation of Articles 28a and 33(2)
ninoikeus by order of that court of 5 October 1999 in the                    of Regulation (EEC) No 1408/71, does the fact have that
                      case of Sulo Rundgren                                  Finland and Sweden have agreed, together with the other
                                                                             Nordic States, in accordance with Article 36(3) of the said
                                                                             regulation and Article 23 of the Nordic Social Security
                         (Case C-389/99)                                     Convention, to waive inter alia all reimbursement of the
                                                                             costs of care?
                           (2000/C 6/26)
Reference has been made to the Court of Justice of the                  5. If Articles 28a and 33(2) of the aforesaid regulation apply
European Communities by an order of the Lapin Lääninoikeus                   so that Mr Rundgren may be charged national pension
(Lapland Administrative Court) of 5 October 1999, which was                  and sickness insurance contributions in Finland, may he
received at the Court Registry on 11 October 1999, for a                     nevertheless apply under Article 17a of the regulation
preliminary ruling in the case of Sulo Rundgren on the                       retrospectively to be exempted from the scope of the
following questions:                                                         legislation of his State of residence, Finland, or must the
                                                                             application have been made before determination of his
                                                                             contribution obligations under Finnish legislation? In the
1. Is the EC Treaty or Regulation No (EEC) 1408/71 on social                 latter case, what importance does the fact have that
    security (1) or Regulation (EEC) No 1612/68 on freedom of                Mr Rundgren was possibly not aware of the possibility
    movement for workers within the Community (2) appli-                     given by Article 17a of the regulation?
    cable in the situation at issue even though Mr Rundgren
    already moved from Sweden to Finland on 29 September
    1989, that is, before the Agreement on the European
    Economic Area entered into force with respect to Finland?           6. Are Article 39 EC (formerly Article 48 of the EC Treaty)
                                                                             and in particular Regulation (EEC) No 1612/68 of the
                                                                             Council of 15 October 1968 on freedom of movement for
2. If the answer to Question 1 is affirmative, is the expression             workers within the Community to be interpreted as
    ‘nor is any pension payable’ in Article 28a of Regulation
                                                                             meaning that Finland is not entitled in the present case to
    No 1408/71 then to be interpreted as already being
                                                                             charge Mr Rundgren national pension insurance contri-
    fulfilled                                                                butions and sickness insurance contributions in accordance
                                                                             with its own national legislation?
    (a) if Mr Rundgren is not entitled to a national pension, or
    (b) if he is not entitled to a pension based on gainful             7. Is Article 3 of Regulation (EEC) No 1408/71 or Article 12
         employment, or                                                      EC (formerly Article 6 of the EC Treaty) to be interpreted
                                                                             as meaning that Mr Rundgren has in the present case
    (c) is it fulfilled only if both point (a) and point (b) hold            become the object of prohibited discrimination?
         good for him at the same time?
    In interpreting the aforesaid expression, is it also to be          8. May Mr Rundgren rely directly on the EC Treaty or on
    taken that entitlement to a pension means in this case                   other Community law on the ground that he has possibly
    Mr Rundgren’s right in principle to a pension in Finland,                had to pay contributions of a tax nature on the same basis
    in which case no account is taken of his actual circum-                  both to Finland and to Sweden as a result of the different
    stances, such as the effect on the acquisition of a pension              methods adopted by Finland and Sweden in financing
    in Finland of the pension and annuity income received by                 social security schemes?
    him from Sweden, or does entitlement to a pension mean
    the specific circumstances, in which case the effect of the
    income received by him from Sweden on the acquisition
    of a pension in Finland is taken into account in interpreting
    the expression?                                                     (1) 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
3. Do the contributions and similar payments referred to in                 within the Community (OJ, English Special Edition 1971 (II),
    Article 33(2) of Regulation (EEC) No 1408/71 include,                   p. 416).
    besides contributions charged for the receipt of social             (2) Council Regulation (EEC) No 1612/68 of 15 October 1968 on
    security in respect of sickness and maternity (in Finland,              freedom of movement for workers within the Community (OJ,
    sickness insurance contributions), also contributions                   English Special Edition 1968 (11), p. 475).
    charged in respect of old age, invalidity and unemployment
    (in Finland, national pension insurance contributions)? If
    the answer to that question is negative, are the latter
    contributions possibly to be waived under some other
    article of the regulation, regard being had in particular to
    the scope of the regulation apparent from Article 4(1)(b),
    (c) and (g) thereof?