Reference for a preliminary ruling from the Tribunal des affaires de sécurité sociale de Longwy by order of that court of 14 April 2005 in Fabien Nemec v Caisse Régionale d'Assurance Maladie du Nord-Est

(Case C-205/05)

(2005/C 182/52)

Language of the case: French

Reference has been made to the Court of Justice of the European Communities by order of the Tribunal des affaires de sécurité sociale de Longwy (Social Security Tribunal, Longwy) of 14 April 2005, received at the Court Registry on 11 May 2005, for a preliminary ruling in the proceedings between Fabien Nemec and Caisse Régionale d'Assurance Maladie du Nord-Est (Regional Health Insurance Fund of the North East) on the following question:

In refusing to take the pay earned by Mr Nemec in Belgium into account when calculating the amount of the allowance for asbestos workers awarded to him pursuant to Article 41 of Law No 98-1194 of 23 December 1998, on the basis of Article 2 of the Decree implementing Law No 99-247 of 29 March 1999 and Circular 2SS/4B/99 No 332 of 9 June 1999, because that pay did not give rise to the payment of social security contributions in accordance with Article L 242-1 of the French Social Security Code, did the C.R.A.M. take, in his regard, a wrongful decision constituting an impediment to freedom of movement as laid down in Article 39 EC, an infringement of Regulation (EC) No 883/2004 (1) or an infringement of Article 15 of Regulation (EEC) No 574/72 (2)?

(1)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).

(2)  Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (OJ, English Special Edition 1972(I), p. 159).