(Case C-257/18)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: M. Güler

Defendant: Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen

Questions referred

1.Can a Turkish national who is duly registered as belonging to the labour force of a Member State, has obtained the nationality of that Member State without renouncing his Turkish nationality and subsequently voluntarily renounced the nationality of that Member State and thus Union citizenship rely on Article 6 of Decision 3/80 to avoid the residence requirement under the TW?

2.If so, at what point must that Turkish national satisfy the requirement that he is not a Union citizen in order to derive rights from Article 6 of Decision 3/80: right from the time he leaves the host Member State or only later, when the benefit to be exported is payable in the foreign country?

3.Is Article 6(1) of Decision 3/80 to be construed as meaning that a Turkish national who still held the nationality of a Member State at the time of remigration to Turkey but later voluntarily renounced that nationality, from that latter point onwards may not be denied the right to a special benefit not based on non-contributory payments designed to guarantee an income to the amount of the guaranteed minimum income in the Member State concerned, solely because he is resident in Turkey, even if, until the time of departure from the Member State concerned, he was not eligible for that special benefit since the award conditions had not then be satisfied?

Decision No 3/80 of the Association Council of 19 September 1980 on the application of the social security schemes of the Member States of the European Communities to Turkish workers and members of their families (OJ 1983 C 110, p. 60).

Wet van 6 november 1986, houdende verlening van toeslagen tot het relevante sociaal minimum aan uitkeringsgerechtigden op grond van de Werkloosheidswet, de Ziektewet, de Algemene Arbeidsongeschiktheidswet, de Wet op de arbeidsongeschiktheidsverzekering en de Wet arbeidsongeschiktheidsvoorziening militairen (toeslagenwet) (Law of 6 November 1986 on the award of supplements to the relevant social minimum to persons entitled to benefits under the Law on unemployment, the Law on sicknes, the general Law on incapacity for work, the Law on insurance against incapacity for work, and the Law on incapacity for work of members of the armed forces).