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Document 62018CN0095
Case C-95/18: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 9 February 2018 — Sociale Verzekeringsbank; other parties: F. van den Berg and H.D. Giesen
Case C-95/18: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 9 February 2018 — Sociale Verzekeringsbank; other parties: F. van den Berg and H.D. Giesen
Case C-95/18: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 9 February 2018 — Sociale Verzekeringsbank; other parties: F. van den Berg and H.D. Giesen
OJ C 161, 7.5.2018, p. 21–22
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
7.5.2018 |
EN |
Official Journal of the European Union |
C 161/21 |
Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 9 February 2018 — Sociale Verzekeringsbank; other parties: F. van den Berg and H.D. Giesen
(Case C-95/18)
(2018/C 161/24)
Language of the case: Dutch
Referring court
Hoge Raad der Nederlanden
Parties to the main proceedings
Appellant: Sociale Verzekeringsbank (Svb)
Other parties: F. van den Berg and H.D. Giesen
Questions referred
1. |
|
2. |
For the purpose of the answer to Question 1, is it significant that the possibility existed for the parties concerned to take out voluntary insurance under the AOW, or that the possibility existed for them to request the Svb to conclude an agreement as referred to in Article 17 of Regulation No 1408/71? |
3. |
Does Article 13 of Regulation No 1408/71 preclude someone such as Mr Giesen’s wife, who, prior to 1 January 1989, on the basis solely of the national legislation in her country of residence, the Netherlands, was insured under the AOW, from building an entitlement to old-age benefits on the basis of that insurance, in relation to periods during which, pursuant to that provision of the regulation, she was subject, by reason of work carried out in another Member State, to the legislation of that State of employment? Or must entitlement to a benefit under the AOW be regarded as an entitlement to a benefit which, under national legislation, is not subject to conditions relating to paid employment or to insurance within the meaning of the Bosmann (3) judgment, with the result that the line of reasoning followed in that judgment can be applied in her case? |
(1) General Law on Old-Age Pensions.
(2) 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).
(3) C-352/06, EU:C:2008:290.