CELEX: C1998/026/01
Language: en
Date: 1998-01-24 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 13 November 1997 in Case C-248/96 (reference for a preliminary ruling from the Arrondissementsrechtbank te Amsterdam): R. O. J. Grahame, L. M. Hollanders v. Bestuur van de Nieuwe Algemene Bedrijfsvereniging (Social security - Incapacity for work - Periods of paid employment and periods treated as such - Military service - Part J, point 4, of Annex VI to Regulation (EEC) No 1408/71)

24.1.98              EN                  Official Journal of the European Communities                                    C 26/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
              JUDGMENT OF THE COURT                                  and of Part J, point 4(c), of Annex VI to Regulation
                                                                     No 1408/71, as amended by Council Regulation (EEC)
                      (First Chamber)
                                                                     No 1248/92 of 30 April 1992 (OJ L 136, 19.5.1992, p. 7)
                   of 13 November 1997                               Ð the Court (First Chamber), composed of: M. Wathelet,
                                                                     (Rapporteur), President of the Chamber, P. Jann and L.
in Case C-248/96 (reference for a preliminary ruling from            Sevón, Judges; G. Cosmas, Advocate-General; H. A. Rühl,
the Arrondissementsrechtbank te Amsterdam): R. O. J.                 Principal Administrator, for the Registrar, has given a
Grahame, L. M. Hollanders v. Bestuur van de Nieuwe                   judgment on 13 November 1997, in which it has ruled:
               Algemene Bedrijfsvereniging (1)
(Social security Ð Incapacity for work Ð Periods of paid
employment and periods treated as such Ð Military                    1. Part J, point 4(a), of Annex VI to Council Regulation
service Ð Part J, point 4, of Annex VI to Regulation                     (EEC) No         1408/71 of 14 June 1971 on the
                    (EEC) No 1408/71)                                    application of social security schemes to employed
                                                                         persons, to self-employed persons and to their families
                        (98/C 26/01)                                     moving within the Community, as amended and
                                                                         updated by Council Regulation (EEC) No 2001/83 of
                                                                         2 June 1983 and as adapted by Part VIII of Annex I
                                                                         to the Act concerning the conditions of accession of
               (Language of the case: Dutch)
                                                                         the Kingdom of Spain and the Portuguese Republic
                                                                         and the adjustments to the Treaties, and Part J,
                                                                         point 4(c), of Annex VI to that regulation, as amended
                                                                         by Council Regulation (EEC) No 1248/92 of 30 April
 (Provisional translation; the definitive translation will be
                                                                         1992, are to be interpreted as meaning that periods of
         published in the European Court Reports)
                                                                         compulsory or enlisted military service completed with
                                                                         the Netherlands armed forces before 1 July 1967
                                                                         constitute periods of paid work' or of paid
In Case C-248/96: reference to the Court under Article 177               employment', or equivalent periods' or periods
of the EC Treaty from the Arrondissementsrechtbank te                    treated as such', completed in the Netherlands before
Amsterdam for a preliminary ruling in the proceedings                    that date.
pending before that court between R. O. J. Grahame,
L. M. Hollanders and Bestuur van de Nieuwe Algemene
Bedrijfsvereniging on the interpretation and validity of             2. Periods of military service completed in the former
Part J, point 4(a), of Annex VI to Council Regulation                    Netherlands New Guinea must be regarded as having
(EEC) No 1408/71 of 14 June 1971 on the application of                   been completed in the Netherlands for the purposes of
social security schemes to employed persons, to self-                    Part J, point 4(a), of Annex VI to Regulation (EEC)
employed persons and to their families moving within the                 No 1408/71.
Community, as amended and updated by Council
Regulation (EEC) No 2001/83 of 2 June 1983 (OJ L 230,
22.8.1983, p. 6) and as adapted by Part VIII of Annex I to           (1) OJ C 269, 14.9.1996.
the Act concerning the conditions of accession of the
Kingdom of Spain and the Portuguese Republic and the
adjustments to the Treaties (OJ L 302, 15.11.1985, p. 23),