12.3.2018

Official Journal of the European Union

C 94/5

(Case C-677/17)

(2018/C 094/06)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: M. Çoban

Defendant: Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen

Question referred

Must Article 6(1) of Decision No 3/80, having regard to Article 59 of the Additional Protocol, be interpreted as precluding a legislative provision of a Member State such as Article 4a of the Toeslagenwet (Netherlands Law on Supplementary Benefits), under which a supplementary benefit which has been awarded is withdrawn if the beneficiary moves to Turkey, even if that beneficiary left the territory of the Member State on his own initiative? Is it significant in this regard that, at the time of departure, the person concerned no longer has a right of residence under the law of the [EEC-Turkey] Association, but does hold a long-term resident’s EU residence permit? Is it significant in this regard that the person concerned has the opportunity, under national rules, to return within a year of his departure in order to regain the supplementary benefit, and that this possibility continues for as long as he holds a long-term resident’s EU residence permit?

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).

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