G Vaassen-Gobbels (a widow) v Management of the Beambtenfonds voor het Mijnbedrij (Judgment): ECJ 30 Jun 1966

Europa Procedure – preliminary ruling – national court or tribunal within the meaning of article 177 of the EEC treaty – bodies analogous to ordinary courts of law – power to refer cases to the court Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Free movement of persons – migrant workers – social insurance – legislation within the meaning of regulation no 3 of the council of the EEC – enforceable provisions – concepts (regulation no 3 of the council of the EEC, article 1(b)) 4. Free movement of persons – migrant workers – social insurance – special scheme within the meaning of article 2(2) of regulation no 3 of the council of the EEC – inquiry by the national court into the existence of such a scheme – application to such a scheme of the provisions of regulations nos 3 and 4 (regulation no 3 of the council of the EEC, article 2(2)) 5. Free movement of persons – migrant workers – social insurance – application of regulation no 3 of the council of the EEC – Netherlands legislation – sickness insurance – general scheme and special schemes covered (regulation no 3 of the council of the EEC, annex b, heading ‘ Netherlands ‘) 6. Free movement of persons – migrant workers – social insurance – territorial provisions not to be applied against them – persons in receipt of pensions under the legislation of a member state and their survivors – permanent residence in a member state other than the one where the institution liable for payment is situated – affiliation to the insurance scheme safe-guarded even when optional (EEC treaty, articles 48 to 51; regulation no 3 of the council of the EEC, articles 4, 22) 7. Free movement of persons – migrant workers – social insurance – benefits in kind within the meaning of article 22 of regulation no 3 of the council of the EEC – benefits in the form of reimbursement of expenses incurred (regulation no 3 of the council of the EEC, article 22) 1. The expression ‘ court or tribunal ‘ in article 177 of the EEC treaty may in certain circumstances include bodies other than ordinary courts of law. 2. Cf. Para. 1, summary in case 6/64, (1964) ECR 585. In the context of requests for preliminary rulings, the court has no jurisdiction either to apply the treaty to a specific case or to decide upon the validity of a provision of domestic law in relation to the treaty, as it would be possible for it to do under article 169. Nevertheless, the court has power to extract from a question imperfectly formulated by the national court those questions which alone pertain to the interpretation of the treaty. */ 664j0006 /*. 3. Rules governing sickness insurance for workers and their survivors, laid down and operated by an institution established under private law, since they are ‘ enforceable provisions ‘ fall within the term ‘ legislation ‘ within the meaning of articles 1(b) and 4 of regulation no 3 when the said provisions supplement or are a substitute for laws and regulations establishing a general or special social security scheme. 4. In particular a special scheme within the meaning of article 2(2) of regulation no 3 of the council of the EEC exists when a specific group of workers is compulsorily made subject to a special type of insurance by virtue of public law. It is for the national court to examine whether the conditions required for the existence of a special scheme are met. Regulations nos 3 and 4 are applicable to a special scheme in its entirety, including any provisions which it may contain concerning the voluntary and optional affiliation of former insured persons and their survivors. 5. The heading ‘ Netherlands ‘ in annex b to regulation no 3 of the council of the EEC covers both the general and the special social security schemes providing for insurance against sickness. 6. One of the intentions of articles 48 to 51 of the EEC treaty and of regulation no 3 of the council of the EEC is to prevent territorial provisions from being applied against workers or their survivors in matters of social security. Accordingly under regulation no 3 an institution managing a sickness insurance scheme may not refuse to give the benefit of affiliation to the scheme, even an optional scheme, to a worker entitled to a pension by virtue of the legislation of a member state or to his survivor, if the reason for so refusing is that the person so entitled resides permanently in a member state other than the one in which the said institution is situated. 7. Article 22 of regulation no 3 also applies to benefits given in the form of reimbursement of expenses for medical treatment, medicines and nursing.

Citations:

C-61/65

European

Updated: 10 April 2022; Ref: scu.131818