15.12.2014

Official Journal of the European Union

C 448/13

(Case C-465/14)

(2014/C 448/17)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Raad van bestuur van de Sociale verzekeringsbank

Respondents: F. Wieland, H. Rothwangl

Questions referred

1)Must Article 3 and Article 94(1) and (2) of Regulation No 1408/71 be interpreted as meaning that a former seaman who belonged to the crew of a vessel with a home port in a Member State, who had no place of residence on shore and who was not a national of a Member State, cannot be denied (in part) an old-age pension, after the State of which that seaman is a national acceded to (a legal predecessor of) the European Union or after Regulation No 1408/71 entered into force for that State, solely on the ground that that former seaman was not a national of the (first-mentioned) Member State during the period of the (claimed) insurance cover?

2)Must Articles 18 TFEU and 45 TFEU be interpreted as precluding a rule of a Member State under which a seaman who belonged to the crew of a vessel with a home port in that Member State, who had no place of residence on shore and who is not a national of any Member State, was excluded from insurance cover for purposes of an old-age pension, whereas, under that rule, a seaman who is a national of the Member State in which the vessel has its home port and who is otherwise in the same situation is deemed to be insured, if the State of which the first-named seaman is a national has in the meanwhile, by the time of the determination of the pension, acceded to (a legal predecessor of) the European Union or Regulation No 1408/71 has in the meanwhile entered into force for that State?

3)Must Questions 1 and 2 be answered in the same way in the case of a (former) seaman who, at the time of his employment, was a national of a State which at a later date accedes to (a legal predecessor of) the European Union, but who, at the time of that accession or the entry into force of Regulation No 1408/71 for that State, and at the time of submitting his claim to entitlement to an old-age pension, was not a national of any Member State, but to whom Regulation No 1408/71 nevertheless applies pursuant to Article 1 of Regulation No 859/2003?

Regulation 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).

Council Regulation of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality (OJ 2003 L 124, p. 1).