17In the view of the Hoge Raad, the fact that Mr Bakker is in practice deemed, by the insurance fund for employed persons, to be in the position of an insured person, at least in respect of part of the social insurance scheme in the Netherlands, as a result of which he in fact enjoys social protection for those forms of insurance, constitutes a circumstance which strengthens that connection with the Netherlands. If, by contrast, it were not possible to take account of affiliation to the social security scheme of a Member State in order to evaluate the degree of connection with the territory of the European Union, the Hoge Raad is unsure whether that affiliation is a necessary condition for the application of Regulation No 1408/71 to activities outside the territory of the European Union. The Court’s case-law (see Case 300/84 van Roosmalen [1986] ECR 3097; Lopes da Veiga; and Aldewereld) does not provide any certainty on that point.
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