Raad van bestuur van de Sociale verzekeringsbank v Fischer-Lintjens

European Union – Social security. The Court of Justice of the European Union gave a preliminary ruling, deciding that arts 27 and 84a of Council Regulation (EEC) No 1408/71, in conjunction with section R, point 1(a) and (b) of Annex VI to that regulation, should be interpreted as precluding legislation of a member state which did not allow the recipient of a pension awarded by that member state with retroactive effect of one year to become affiliated to compulsory health care insurance with the same retroactive effect, and which had the effect of depriving that person of all social security cover without all the relevant circumstances, in particular those relating to that person's personal situation, being taken into account.

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