Overview of Recent Cases before the European Court of Human Rights and the European Court of Justice (April – June 2012)
| Date | 01 September 2012 |
| Published date | 01 September 2012 |
| DOI | 10.1177/138826271201400303 |
| Author | Anne Pieter van der Mei |
| Subject Matter | Recent News and Case Law |
European Jour nal of Social Secu rity, Volume 14 (2012), No. 3 199
OVERVIEW OF RECENT CASES BEFORE
THE EUROPEAN COURT OF HUMAN
RIGHTS AND THE EUROPEAN COURT
OF JUSTICE (APRIL − JUNE 2012)
A P M*
e number of judgments of the C ourt of Justice of the European Union (CJEU) and
the European Cour t of Human Rights (ECtHR) in social secu rity cases in the period
April-June 2012 was relatively small. Yet, among the judgments del ivered, there were
a number of important, in the sense of interesting, ones. e CJEU provided some
clari cation of the territoria l scope of Regulation 1408/71 on the coordination of social
security schemes (now, i.e. as of 1May 2010), of the notion of the ‘exclusive e ect’ of
the rules determ ining applicable legislation, of the portabil ity of student nancial aid
(Commission v. the Netherlands), and of the right to equal t reatment as regards social
bene ts of third countr y nationals holding long-term resident status (Kamberaj). e
judgments of the ECtHR reported i n this overview al l concerned pension rights under
Article1 of Protocol 1 to the Eu ropean Convention on Human Rights (ECHR).
1. COURT OF JUSTICE OF THE EUROPEAN UNION
1.1. COMMISSION V. THE NETHERLANDS AND BAKKER :
TERRITORIAL SCOPE OF REGULATION 883/2004
A er Salemink1 – a judgment of 17January 2012, which falls outside the timeframe
of this overview – t he Court delivered another two ruli ngs on the territorial scope of
Regulation 1408/71: Commission v. the Netherlands2 a nd Bakker.3
In the former case, the Commission had asked the Court to declare that the
Netherlands had breached Regulation 1408/71 and the Treaty rules on the free
* Associate Profes sor in EU Law in the Fac ulty of Law at the University of Maastr icht. Address:
P.O. Box 616, 6200 MD Maastricht, e Netherlands; tel: +31 43 3884832; e-mai l: ap.vandermei@
maastrichtuniversity.nl.
1 Judgment of 17January 2012, Case C -347/10, Salemink, not yet reported.
2 Judgment of 19April 2012 in Case C-141/10, Commission v. the Nethe rlands, not yet reported .
3 Judgment of 7June 2012, Case C-106/11, Bakker, not yet reported.
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