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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Hendrix (Social policy) [2007] EUECJ C-287/05 (11 September 2007) URL: https://www.bailii.org/eu/cases/EUECJ/2007/C28705.html Cite as: [2007] ECR I-6909, [2007] EUECJ C-287/5, [2007] EUECJ C-287/05 |
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(Social security for migrant workers Articles 12 EC, 17 EC, 18 EC and 39 EC Regulation (EEC) No 1408/71 Article 4(2a), Article 10a and Annex IIa Regulation (EEC) No 1612/68 Article 7(1) Non'contributory benefits Netherlands benefit for disabled young people Non-exportability)
In Case C-287/05,
REFERENCE for a preliminary ruling under Article 234 EC by the Centrale Raad van Beroep (Netherlands), made by decision of 15 July 2005, received at the Court on 18 July 2005, in the proceedings
D. P. W. Hendrix
v
Raad van Bestuur van het Uitvoeringsinstituut Werknemersverzekeringen,
composed of V. Skouris, President, P. Jann, C.W.A. Timmermans, A. Rosas, K. Lenaerts, P. Klūris and E. Juhász, Presidents of Chambers, G. Arestis, A. Borg Barthet, M. Ilešič, J. Malenovský, U. Lõhmus and J.'C. Bonichot (Rapporteur), Judges,
Advocate General: J. Kokott,
Registrar: M. Ferreira, Principal Administrator,
having regard to the written procedure and further to the hearing on 14 November 2006,
after considering the observations submitted on behalf of:
Mr Hendrix, by M.J. Klinkert, advocaat,
the Raad van Bestuur van het Uitvoeringsinstituut Werknemersverzekeringen, by F. W. M. Keunen, Senior jurist,
the Netherlands Government, by H.G. Sevenster and M. de Grave, acting as Agents,
the United Kingdom Government, by C. White and Z. Bryanston-Cross, acting as Agents, and by D. Anderson QC,
the Commission of the European Communities, by D. Martin and P. van Nuffel, acting as Agents,
after hearing the Opinion of the Advocate General at the sitting on 29 March 2007,
gives the following
Legal context
Community legislation
'This Regulation shall apply to employed or self-employed persons and to students who are or have been subject to the legislation of one or more Member States and who are nationals of one of the Member States ... as well as to the members of their families and their survivors...'
'1. This Regulation shall apply to all legislation concerning the following branches of social security:
(a) sickness and maternity benefits;
(b) invalidity benefits, including those intended for the maintenance or improvement of earning capacity;
...
2a. This Regulation shall also apply to special non'contributory benefits which are provided under legislation or schemes other than those referred to in paragraph 1 or excluded by virtue of paragraph 4, where such benefits are intended:
(a) either to provide supplementary, substitute or ancillary cover against the risks covered by the branches of social security referred to in paragraph 1(a) to (h);
or
(b) solely as specific protection for the disabled.
...
4. This Regulation shall not apply to social ... assistance...'
'Nothwithstanding the provisions of Article 10 and Title III, persons to whom this Regulation applies shall be granted the special non 'contributory cash benefits referred to in Article 4(2a) exclusively in the territory of the Member State in which they reside, in accordance with the legislation of that State, provided that such benefits are listed in Annex IIa. Such benefits shall be granted by and at the expense of the institution of the place of residence.'
'1. A worker who is a national of a Member State may not, in the territory of another Member State, be treated differently from national workers by reason of his nationality in respect of any conditions of employment and work, in particular as regards remuneration, dismissal, and should he become unemployed, reinstatement or re-employment.
2. He shall enjoy the same social and tax advantages as national workers.
...'
National legislation
The main proceedings and the reference for a preliminary ruling
'(1) Must a benefit under the Wajong, listed in Annex IIa to Regulation No 1408/71, be regarded as a special non-contributory benefit within the meaning of Article 4(2a) of that regulation with the result that only the coordinating provision introduced by Article 10a of the regulation must be applied to a person such as the applicant in the main proceedings? In answering this question, is it of any relevance that the person concerned initially received an AAW benefit for disabled young persons, converted by operation of law from 1 January 1998 into a Wajong benefit?
(2) If the answer to Question 1 is in the affirmative, can a worker rely on Article 39 EC, as implemented by Article 7 of Regulation No 1612/68, against the Member State of which he is a national when he has worked only in that Member State but is resident in the territory of another Member State?
(3) If the answers to Questions 1 and 2 are in the affirmative, must Article 39 EC, as implemented by Article 7(2) of Regulation No 1612/68, be understood as meaning that a legislative provision which makes the grant or continuation of a benefit conditional on the person concerned being resident in the territory of the Member State whose legislation is at issue is always compatible therewith where that legislation provides for a special non-contributory benefit, within the meaning of Article 4(2a) of Regulation No 1408/71, which is listed in Annex IIa to that regulation?
(4) If the answers to Questions 1 and 2 are in the affirmative and the answer to Question 3 is in the negative, must Community law (in particular Article 7(2) of Regulation No 1612/68 and Article 39 EC, and also Articles 12 and 18 EC) be understood as meaning that sufficient justification can be found in the nature of the Wajong to invoke the residence condition against a citizen of the Union, who is in full-time employment in the Netherlands and in that regard is subject solely to Netherlands legislation? '
The questions referred for a preliminary ruling
The first question
Observations submitted to the Court
Findings of the Court
The first part of the question
The second part of the question
The second and third questions
Observations submitted to the Court
Findings of the Court
The fourth question
Costs
On those grounds, the Court (Grand Chamber) hereby rules:
1. A benefit such as that provided under the Law on provision of incapacity benefit to disabled young people (Wet arbeidsongeschiktheidsvoorziening jonggehandicapten) of 24 April 1997 must be regarded as a special non'contributory benefit within the meaning of Article 4(2a) of Council Regulation (EEC) No 1408/71 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, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Council Regulation (EC) No 1223/98 of 4 June 1998, with the result that only the coordinating provision in Article 10a of that regulation must be applied to persons who are in the situation of the applicant in the main proceedings and that payment of that benefit may validly be reserved to persons who reside on the territory of the Member State which provides the benefit. The fact that the person concerned previously received a benefit for disabled young people which was exportable is of no relevance to the application of those provisions.
2. Article 39 EC and Article 7 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community must be interpreted as not precluding national legislation which applies Article 4(2a) and Article 10a of Regulation No 1408/71, as amended and updated by Regulation No 118/97, as amended by Regulation No 1223/98, and provides that a special non-contributory benefit listed in Annex IIa to Regulation No 1408/71 may be granted only to persons who are resident in the national territory. However, implementation of that legislation must not entail an infringement of the rights of a person in a situation such as that of the applicant in the main proceedings which goes beyond what is required to achieve the legitimate objective pursued by the national legislation. It is for the national court, which must, so far as possible, interpret the national legislation in conformity with Community law, to take account, in particular, of the fact that the worker in question has maintained all of his economic and social links to the Member State of origin.
[Signatures]
* Language of the case: Dutch.