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Case C-296/09: Reference for a preliminary ruling from the Hof van Cassatie van België lodged on 29 July 2009 — Vlaamse Gemeenschap v M. Baesen
ECLI:EU:UNKNOWN:62009CN0296
62009CN0296
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7.11.2009
Official Journal of the European Union
C 267/31
(Case C-296/09)
2009/C 267/57
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Vlaamse Gemeenschap
Defendant: M. Baesen
Questions referred
1.For the purpose of Article 13(2)(d) of Regulation No 1408/71, should the expression ‘civil servants and persons treated as such’ be interpreted on the basis of the national social security scheme to which the person concerned is affiliated?
2.If the first question is answered in the affirmative, should a person who is employed under a contract of employment by an employer in the public sector and who is subject, under the national scheme, to the social security scheme for employed persons in respect of some of the branches of social security referred to in Article 4(1) of the Regulation and to a special scheme for civil servants in respect of the branches of social security referred to in Article 4(1)(e) of the Regulation be regarded as a person treated as a civil servant within the meaning of Article 13(2)(d) of Regulation No 1408/71?
Council Regulation 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 1971 L 149, p. 2).