(Case C-258/18)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: H. Solak

Defendant: Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen

Questions referred

1.Can a Turkish national who is duly registered as belonging to the labour force of a Member State, has obtained the nationality of that Member State without renouncing his Turkish nationality and subsequently voluntarily renounced the nationality of that Member State and thus Union citizenship rely on Article 6 of Decision 3/80 (1) to avoid a residence requirement in national social security legislation which can, however, be imposed on Union citizens?

2.Is Article 6(1) of Decision 3/80, with due regard to Article 59 of the Additional Protocol, to be construed as meaning that it precludes a statutory regulation of a Member State such as Article 4a of the TW, (2) on the basis of which an awarded supplementary benefit is withdrawn if the recipient moves to Turkey, even if that recipient has left the territory of the Member State on his own initiative after voluntarily renouncing the nationality of a Member State and whilst it has not been found that he is no longer duly registered as belonging to the labour force of that Member State?

(1) Decision No 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).

(2) Wet van 6 november 1986, houdende verlening van toeslagen tot het relevante sociaal minimum aan uitkeringsgerechtigden op grond van de Werkloosheidswet, de Ziektewet, de Algemene Arbeidsongeschiktheidswet, de Wet op de arbeidsongeschiktheidsverzekering en de Wet arbeidsongeschiktheidsvoorziening militairen (toeslagenwet) (Law of 6 November 1986 on the award of supplements to the relevant social minimum to persons entitled to benefits under the Law on unemployment, the Law on sickness, the general Law on incapacity for work, the Law on insurance against incapacity for work, and the Law on incapacity for work of members of the armed forces).