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Case C-106/11: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 3 March 2011 — M.J. Bakker v Staatssecretaris van Financiën
ECLI:EU:UNKNOWN:62011CN0106
62011CN0106
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Valentina R., lawyer
28.5.2011
Official Journal of the European Union
C 160/10
(Case C-106/11)
2011/C 160/10
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: M.J. Bakker
Other party: Staatssecretaris van Financiën
Questions referred
1.Are the designation rules in Title II of Regulation (EEC) No 1408/71 (1) applicable in a case such as the present, where an employed person with Netherlands nationality residing in Spain is employed as a seafarer by an employer established in the Netherlands, and carries out his work on board dredgers which navigate outside the territory of the Community under the Netherlands flag, with the result that the legislation of the Netherlands is designated as the legislation applicable, so that consequently Netherlands national insurance contributions may be levied, whereas judging solely on the basis of the national legislation of the Netherlands he is not affiliated to the Netherlands social security scheme as a result of the fact that he does not reside in the Netherlands?
2.To what extent is it important in that regard that in the implementation of the Netherlands employed persons’ insurance scheme a policy is followed by virtue of which seafarers in a case such as the present are considered by the implementing body to be insured persons on the basis of Community law?
(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).