Keywords
Summary

Keywords

Social security for migrant workers – Applicable legislation – Workers posted to a Member State other than that of their employer’s establishment

(Council Regulations No 1408/71, Art. 14(1)(a), and No 574/72, Art. 11(1)(a))

Summary

An E 101 certificate issued under Article 11(1)(a) of Regulation No 574/72 laying down the procedure for implementing Regulation No 1408/71, in the version amended and updated by Regulation No 2001/83, as amended by Regulation No 2195/91, binds the competent institution and the courts of the Member State in which workers are posted, as long as it has not been withdrawn or declared invalid by the authorities of the Member State which issued it.

Consequently, a court of the host Member State of such workers is not entitled to scrutinise the validity of an E 101 certificate as regards the certification of the matters on the basis of which such a certificate was issued, in particular the existence of a direct relationship, within the meaning of Article 14(1)(a) of Regulation No 1408/71, in the version amended and updated by Regulation No 2001/83, as amended by Regulation No 2195/91, read in conjunction with paragraph 1 of Decision No 128 of the Administrative Commission on Social Security for Migrant Workers of 17 October 1985 concerning the application of Articles 14(1)(a) and 14b(1) of Regulation No 1408/71, between the undertaking established in a Member State and the workers which it has posted to another Member State, during the period of their posting.

(see para. 33, operative part)