26.1.2008

Official Journal of the European Union

C 22/24

(Case C-485/07)

(2008/C 22/46)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen

Defendants: H. Akdas and Others

Questions referred

1.Having regard to the wording, objective and nature of Article 6(1) of Decision 3/80 (1) and to the objective and nature of the Association Agreement (2), does that provision contain a clear and accurately defined obligation whose fulfilment and effect does not require any supplementary measures, it therefore being appropriate for that provision to have direct effect?

2.If the answer to the first question is affirmative:

2.1In the application of Article 6(1) of Decision 3/80, must account be taken in any way of the amendments to Regulation No 1408/71 (3), such as those which have been made since 19 September 1980 with respect to special benefits which are not based on the payment of premiums or contributions?

2.2In this connection, is Article 59 of the Additional Protocol (4) to the Association Agreement of significance?

3.Must Article 9 of the Association Agreement be interpreted as precluding the application of a Member State's legislation, such as Article 4a of the Netherlands TW, which results in an indirect distinction being made on grounds of nationality,

—firstly, because the number of nationals of countries other than the Netherlands, including a large group of Turkish nationals, who are not, or no longer, entitled to a supplementary benefit because they are no longer resident in the Netherlands, is higher than such persons having Dutch nationality,

—secondly, because the supplementary benefits of Turkish nationals resident in Turkey have been withdrawn since 1 July 2003, whereas the phasing out of the supplementary benefits of nationals of a Member State of the EU and of third countries, provided that they are resident in the territory of the EU, did not begin until 1 January 2007?

Decision 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).

Agreement establishing an Association between the European Economic Community and Turkey, which was signed in Ankara on 12 September 1963 by the Republic of Turkey on the one hand and the Member States of the EEC and the Community on the other hand and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 (OJ 1973 C 133, p. 1).

Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ, English special edition 1971 (II), p. 416).

Additional Protocol signed at Brussels on 23 November 1970 and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972 (OJ 1973 C 133, p. 17).