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Document 62015CA0569

    Case C-569/15: Judgment of the Court (Third Chamber) of 13 September 2017 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — X v Staatssecretaris van Financiën (Reference for a preliminary ruling — Application of social security schemes — Migrant workers — Determination of the applicable legislation — Regulation (EEC) No 1408/71 — Article 14(2)(b)(i) — Person normally employed in the territory of two or more Member States — Person employed in one Member State and engaged in paid employment on the territory of another Member State during a period of unpaid leave lasting three months)

    OJ C 382, 13.11.2017, p. 8–8 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    13.11.2017   

    EN

    Official Journal of the European Union

    C 382/8


    Judgment of the Court (Third Chamber) of 13 September 2017 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — X v Staatssecretaris van Financiën

    (Case C-569/15) (1)

    ((Reference for a preliminary ruling - Application of social security schemes - Migrant workers - Determination of the applicable legislation - Regulation (EEC) No 1408/71 - Article 14(2)(b)(i) - Person normally employed in the territory of two or more Member States - Person employed in one Member State and engaged in paid employment on the territory of another Member State during a period of unpaid leave lasting three months))

    (2017/C 382/07)

    Language of the case: Dutch

    Referring court

    Hoge Raad der Nederlanden

    Parties to the main proceedings

    Applicant: X

    Defendant: Staatssecretaris van Financiën

    Operative part of the judgment

    Article 14(2)(b)(i) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008, must be interpreted as meaning that a person residing and employed in the territory of one Member State who, for a period of three months, takes unpaid leave and is employed in the territory of another Member State, is to be regarded as normally employed in the territory of two Member States within the meaning of that provision, provided that, during that period of leave, he is considered as normally employed under the social security legislation of the first Member State and that the activity carried out on the territory of the second Member State is habitual and significant in nature, which it is for the referring court to determine.


    (1)  OJ C 38, 1.2.2016.


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