Judgment_paragraph 38 · Raad van bestuur van de Sociale verzekeringsbank v E. Fischer-Lintjens (C-543/13)

38Since the conflict rules laid down by Regulation No 1408/71 are thus mandatory for the Member States, the Court has previously held that 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 that regulation depends solely on the objective situation of the worker concerned (see, to that effect, judgment in van Delft and Others, C‑345/09, EU:C:2010:610, paragraph 52 and the case-law cited).