Judgment_paragraph 52 · J. A. van Delft and Others v College voor zorgverzekeringen (C-345/09)

52Since the conflict rules laid down by Regulation No 1408/71 are thus mandatory for the Member States, a fortiori it cannot be accepted that insured persons falling within the scope of those rules can counteract their effects by being able to elect to withdraw from their application. The application of the system of conflict rules established by Regulation No 1408/71 depends solely on the objective situation of the worker concerned (see, to that effect, Case 11/67 Couture [1967] ECR 379, 388; Case 12/67 Guissart [1967] ECR 425, 433; and Case C-60/93 Aldewereld [1994] ECR I-2991, paragraphs 16 to 20).