Request for a preliminary ruling from the Cour d’appel de Colmar (France) lodged on 29 August 2016 — The public prosecutor, Belu Dienstleistung GmbH & Co KG, Stefan Nikless

(Case C-474/16)

(2016/C 441/11)

Language of the case: French

Referring court

Cour d’appel de Colmar

Parties to the main proceedings

Appellants: The public prosecutor, Belu Dienstleistung GmbH & Co KG, Stefan Nikless

Question referred

Is the legal effect of an A1 certificate issued to a temporary-work agency, in accordance with Article 19 of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (1) by the institution designated by the Member State whose social security legislation remains applicable to the employed worker, binding, first, on the institutions and authorities of the host Member State and, secondly, on the courts of that Member State, if it is found that the conditions under which the employee pursues the activity clearly do not fall within the substantive scope of the specific rules set out in Article 12(1) and (2) of Regulation (EC) No 883/2004?

(1)  OJ L 284, 30.10.2009, p. 1.