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Case C-345/09: Reference for a preliminary ruling from the Centrale Raad van Beroep lodged on 27 August 2009 — J A van Delft and others v College voor zorgverzekering

ECLI:EU:UNKNOWN:62009CN0345

62009CN0345

January 1, 2009
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16.1.2010

Official Journal of the European Union

C 11/12

(Case C-345/09)

2010/C 11/21

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicants: J A van Delft and others

Defendant: College voor zorgverzekering

Questions referred

1.Should Articles 28, 28a and 33 of Regulation No 1408/71 (1), the provisions of sections 1(a) and (b) of Part R of Annex VI to Regulation No 1408/71, and Article 29 of Regulation No 574/72 (2) be interpreted as meaning that a national provision such as Article 69 of the Zvw [Zorgverzekeringswet] is incompatible therewith in so far as a pensioner who in principle has entitlements under Articles 28 and 28a of Regulation No 1408/71 is obliged to report to the Cvz [College voor Zorgverzekering], and a contribution must be deducted from that person’s pension even if no registration has taken place under Article 29 of Regulation No 574/09?

2.Should Article 39 EC or Article 18 EC be interpreted as meaning that a national provision such as Article 69 of the Zvw is incompatible therewith in so far as a citizen of the EU who in principle has entitlements under Articles 28 and 28a of Regulation No 1408/71 is obliged to report to the Cvz, and a contribution must be deducted from that citizen’s pension even if no registration has taken place under Article 29 of Regulation 574/09?

(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 L 323, 13.12.1996, p. 38)

(2) Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (OJ L 323, 13.12.1996, p. 38)

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