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Document C2005/093/20

    Case C-50/05: Reference for a preliminary ruling from the Korkein Hallinto-oikeus by decision of that court of 4 February 2005 in the case of Maija Terttu Inkeri Nikula

    OB C 93, 16.4.2005, p. 11–11 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    16.4.2005   

    EN

    Official Journal of the European Union

    C 93/11

    Reference for a preliminary ruling from the Korkein Hallinto-oikeus by decision of that court of 4 February 2005 in the case of Maija Terttu Inkeri Nikula

    (Case C-50/05)

    (2005/C 93/20)

    Language of the case: Finnish

    Reference has been made to the Court of Justice of the European Communities by decision of the Korkein Hallinto-oikeus (Supreme Administrative Court) (Finland) of 4 February 2005, received at the Court Registry on 8 February 2005, for a preliminary ruling in the proceedings concerning Maija Terttu Inkeri Nikula on the following question:

     

    Is Article 33(1) of Regulation (EEC) No. 1408/71 (1) of the Council 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 to be interpreted as meaning that in a situation where a pensioner is entitled under Article 27 of the regulation to claim sickness and maternity benefits only from the institution of the place of residence and at the expense of that institution, the assessment of sickness insurance contributions in such a way that in the pensioner's State of residence both the pensions received from that State and the pensions he receives from another State are taken into account as the basis for determining the amount of those contributions – provided that the sickness insurance contributions do not exceed the amount of pensions awarded by the State of residence – is incompatible with that provision?

    (1)  OJ English Special Edition, Series I Chapter 1971 (II), p. 416.

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