Summary of Vassen Göbells – C-61/65

by José Ricardo Sousa, student of the Master's degree in EU Law of UMinho

Keywords: Pension, Sickness, Enforceable provisions, Survivors

Court: CJEU| DateDecember 10th 1965 | Case: C-61/65 | Applicants: Mrs Vassen vs Management of the Beambtendfonds voor het Mijnbedrif, Heerlen

Summary: Mrs Vassen was a widow of a mining employer. She was receiving a pension from a pension fund of the social secutrity (BFM), who placed her as a member of a sickness fund. On 31st August 1963 she went to live in Germany. She asked to remove her name from the list, and so the BFM replied saying that her name wasn’t on the list since she went to live in Germany. When Mrs Vassen asked to re-enter on the list, BFM rejected. The Court suspended the works and referred the following question to CJEU:

Is the scheme laid … to be regarded as legislation, as defined in Article 1 (b) of Regulation No 3 and mentioned in Article 4 thereof? Furthermore can the said scheme governing sickness expenses be classified as ‘sickness insurance for mine workers (benefits in cash and in kind in the event of sickness and maternity)’ listed at (i) under the heading ‘Netherlands’ in Annex B to Regulation No 3, to which Article 3 of the said Regulation refers? Thus does Regulation No 3 (and also Regulation No 4) apply to non-manual workers employed in the Netherlands mining industry to whomthe said scheme governing sickness expenses is applicable?
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