Official Journal of the European Union

C 73/3

(Case C-347/10) (<span class="super">1</span>)

(Social security for migrant workers - Regulation (EEC) No 1408/71 - Worker employed on gas-drilling platform on the continental shelf adjacent to the Netherlands - Compulsory insurance - Refusal to pay invalidity benefit)

2012/C 73/04

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: A. Salemink

Defendant: Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen

Re:

Reference for a preliminary ruling — Rechtbank Amsterdam — Interpretation of Articles 45 TFEU and 355 TFEU, Article 52 TEU and Titles I and II of 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, English Special Edition 1971 (II), p. 416) — National compulsory sickness insurance scheme not applicable to persons who are working on a drilling platform situated on the Netherlands section of the continental shelf for an employer established in the Netherlands and who are resident in the territory of another Member State

Operative part of the judgment

Article 13(2)(a) of 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, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Council Regulation (EC) No 1606/98 of 29 June 1998, and Article 39 EC must be interpreted as precluding an employee, working on a fixed installation on the continental shelf adjacent to a Member State, from being in a position in which he is not compulsorily insured under national statutory employee insurance in that Member State solely on the ground that he is not resident there but in another Member State.

(<span class="note">1</span>) OJ C 246, 11.9.2010.