18.1.2014 |
EN |
Official Journal of the European Union |
C 15/6 |
Request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands) lodged on 17 October 2013 — Raad van bestuur van de Sociale verzekeringsbank v E. Fischer-Lintjens
(Case C-543/13)
2014/C 15/07
Language of the case: Dutch
Referring court
Centrale Raad van Beroep
Parties to the main proceedings
Appellant: Raad van bestuur van de Sociale verzekeringsbank
Respondent: E. Fischer-Lintjens
Questions referred
1. |
Must the term ‘payable’, as used in Article 27 et seq. of Regulation (EEC) No 1408/71, (1) be interpreted as meaning that the decisive factor for the purpose of determining the point in time from which a pension is payable is the date of the decision to make an award, after which the pension is paid, or the commencement date of the pension awarded with retroactive effect? |
2. |
If the term ‘payable’ refers to the commencement date of the pension awarded with retroactive effect: Can this be reconciled with the fact that the person entitled to receive the pension who comes under Article 27 of Regulation (EEC) No 1408/71 cannot, under Netherlands legislation, take out medical care insurance with the same retroactive effect? |
(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 within the Community (OJ, English Special Edition 1971(II), p. 416).