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Case C-321/12: Judgment of the Court (Third Chamber) of 10 October 2013 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — F. van der Helder, D. Farrington v College voor zorgverzekeringen (Social security — Regulation (EEC) No 1408/71 — Article 28(2)(b) — Sickness insurance benefits — Entitlement to an old-age pension in several Member States — Residence in another Member State — Provision of benefits in kind in the State of residence — Burden of the cost of benefits — Member State ‘legislation’ to which the pensioner has been subject for the longest period of time — Concept)
ECLI:EU:UNKNOWN:62012CA0321
62012CA0321
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23.11.2013
Official Journal of the European Union
C 344/33
(Case C-321/12) (<span class="super">1</span>)
(Social security - Regulation (EEC) No 1408/71 - Article 28(2)(b) - Sickness insurance benefits - Entitlement to an old-age pension in several Member States - Residence in another Member State - Provision of benefits in kind in the State of residence - Burden of the cost of benefits - Member State ‘legislation’ to which the pensioner has been subject for the longest period of time - Concept)
2013/C 344/57
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicants: F. van der Helder, D. Farrington
Defendant: College voor zorgverzekeringen
Re:
Request for a preliminary ruling — Centrale Raad van Beroep — Interpretation of Articles 4 and 28(2)(b) of Regulation (EEC) No 1408/71 of the Council 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, English Special Edition 1971 (II), p. 416) — Sickness insurance — Benefits for pensioners resident in a Member State other than that of the competent institution — Benefits to be paid by the institution of the Member State in which the person concerned has been covered for the longest period — Concept of ‘legislation [to which] the pensioner has been subject for the longest period of time’
Operative part of the judgment
Article 28(2)(b) of Regulation (EEC) No 1408/71 of the Council 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, in the version 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, must be interpreted as meaning that ‘legislation’ to which the pensioner has been subject for the longest period of time, for the purpose of that provision, refers to legislation concerning pensions.
* Language of the case: Dutch.
ECLI:EU:C:2013:640