Judgment_paragraph 51 · J. A. van Delft and Others v College voor zorgverzekeringen (C-345/09)

51As regards, firstly, the possibility for pensioners residing in a Member State other than the State responsible for payment of the pension to waive the application of the system laid down in Articles 28 and 28a of Regulation No 1408/71, it is settled case-law that the provisions of Regulation No 1408/71 determining the applicable legislation form a complete system of conflict rules the effect of which is to divest the national legislatures of the power to determine the ambit and the conditions for the application of their national legislation on the subject so far as the persons who are subject thereto and the territory within which the provisions of national law take effect are concerned (see, inter alia, Adanez-Vega, paragraph 18 and the case-law cited).

J. A. van Delft and Others v College voor zorgverzekeringen (C-345/09)

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