Judgment_paragraph 12 · Caisse nationale des prestations familiales v Fjola Hliddal (C‑216/12) and Pierre-Louis Bornand (C‑217/12) (C-216/12, C-217/12)

12It should be noted that Regulation No 1408/71 has been replaced by Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1), which became applicable on 1 May 2010, the date from which Regulation No 1408/71 was repealed. Annex II to the EC-Swiss Agreement has been updated by Decision No 1/2012 of the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons of 31 March 2012 replacing Annex II to that Agreement on the coordination of social security schemes (OJ 2012 L 103, p. 51), which came into force on 1 April 2012. Annex II to the EC-Swiss Agreement now refers to Regulation No 883/2004. However, as the material time for the purposes of the main proceedings pre-dates the entry into force of that decision, Regulation No 1408/71 remains applicable ratione temporis to the main proceedings by reason of the facts that (i) under Article 90(1) of Regulation No 883/2004, Regulation No 1408/71 is to remain in force and continue to have legal effect for the purposes of, inter alia, the EC-Swiss Agreement for as long as that agreement has not been amended and (ii) point 3 of Section A of Annex II to the EC‑Swiss Agreement, as amended, maintains the reference to Regulation No 1408/71 ‘when cases are concerned which occurred in the past’.