Official Journal of the European Union

C 236/9

(Case C-543/13) (1)

((Reference for a preliminary ruling - Social security for migrant workers - Regulation (EEC) No 1408/71 - Article 27 - Annex VI, section R, point 1(a) and (b) - Concept of pensions payable under the legislation of two or more Member States - Benefits in kind - Retroactive award of a pension under the legislation of the Member State of residence - Enjoyment of health care benefits conditional on the taking out of compulsory health care insurance - Certificate of non-insurance under the legislation on compulsory health care insurance of the Member State of residence - No subsequent obligation to pay contributions to that Member State - Retroactive withdrawal of the certificate - No possibility of retroactive affiliation to compulsory health care insurance - Interruption of cover against the risk of sickness by such insurance - Effectiveness of Regulation No 1408/71))

(2015/C 236/11)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Raad van bestuur van de Sociale verzekeringsbank

Defendant: E. Fischer-Lintjens

Operative part of the judgment

Article 27 of Council Regulation (EEC) No 1408/71 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 Regulation (EC) No 1992/2006 of the European Parliament and of the Council of 18 December 2006, in conjunction with section R, point 1(a) and (b), of Annex VI to Regulation No 1408/71, must be interpreted as meaning that the pension of a person entitled must, in circumstances such as those at issue in the main proceedings, be regarded as payable from the commencement of the period in respect of which that pension was actually paid to that person, whatever the date on which the entitlement to that pension was formally confirmed, including, if appropriate, where the period commences before the date of the decision awarding the pension.

Articles 27 and 84a of Regulation No 1408/71, as amended and updated by Regulation No 118/97, as amended by Regulation No 1992/2006, in conjunction with section R, point 1(a) and (b) of Annex VI to that regulation, must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, legislation of a Member State which does not allow the recipient of a pension awarded by that Member State with retroactive effect of one year to become affiliated to compulsory health care insurance with the same retroactive effect, and which has the effect of depriving that person of all social security cover without all the relevant circumstances, in particular those relating to that person’s personal situation, being taken into account.

(1) OJ C 15, 18.1.2014.