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Document 62015CN0569

    Case C-569/15: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 5 November 2015 — X, Other party: Staatssecretaris van Financiën

    IO C 38, 1.2.2016, p. 25–26 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    05/11/2015
    Date lodged:
    05/11/2015
    Author:
    An Chúirt Bhreithiúnais
    Form:
    Faisnéis bhreithiúnach
    Authentic language:
    Ollainnis
    Type of procedure:
    Tarchur le haghaidh réamhrialú
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    Case affecting:
    Link

    1.2.2016   

    EN

    Official Journal of the European Union

    C 38/25

    Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 5 November 2015 — X, Other party: Staatssecretaris van Financiën

    (Case C-569/15)

    (2016/C 038/37)

    Language of the case: Dutch

    Referring court

    Hoge Raad der Nederlanden

    Parties to the main proceedings

    Applicant: X

    Other party: Staatssecretaris van Financiën

    Questions referred

    1.

    Must Title II of Regulation (EEC) No 1408/71 (1) be interpreted as meaning that a worker residing in the Netherlands who normally works in the Netherlands and who takes unpaid leave for three months is deemed to continue to be (also) employed in the Netherlands during that period if (i) the employment relationship continues during that period and (ii) for purposes of the application of the Dutch Werkloosheidswet (Law on unemployment) that period is considered to be a period of employment?

    2.

    (a)

    What legislation does Regulation (EEC) No 1408/71 designate as applicable if during the unpaid leave that worker is employed in another Member State?

    2.

    (b)

    Is it still important in that regard that the person concerned was employed in the same other Member State twice in the following year and for periods of approximately one to two weeks during the subsequent three years, without any mention in the Netherlands of unpaid leave?

    (1)  Regulation (EEC) No 1408/71 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 (OJ 1971 L 149, p. 2).

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