Case C-421/23
Criminal proceedings
against
EX
(Request for a preliminary ruling from the cour d’appel de Liège)
Judgment of the Court (Seventh Chamber) of 23 January 2025
(Reference for a preliminary ruling – Migrant workers – Social security – Applicable legislation – Posted workers – Documents in the form of A1 certificates allegedly issued by the institution competent to issue those certificates – Regulation (EC) No 883/2004 – Article 76(6) – Obligation of the authorities of the host Member State to initiate a dialogue and conciliation procedure for the purpose of determining whether fraud has occurred)
Social security – Migrant workers – Legislation applicable – Simultaneous application of more than one national legislative system – Precluded – System of conflict rules – Completeness – Mandatory nature
(European Parliament and Council Regulation No 883/2004, Arts. 2 and 11(1) and (3))
(see paragraphs 23-25)
Social security – Migrant workers – EU rules – Scope of application – Workers posted to a Member State other than that in which the employer is established – Included – Documents in the form of A 1 certificates purportedly issued by the competent institution of the Member State in which the employer is established – Documents considered to be false by the court of the host Member State in criminal proceedings brought against the employer – Irrelevant
(European Parliament and Council Regulation No 883/2004, Arts. 2(1) and 11(1))
(see paragraphs 26-31, operative part 1)
Social security – Migrant workers – Legislation applicable – Workers posted to a Member State other than that in which the employer is established – Documents in the form of A 1 certificates purportedly issued by the competent institution of the Member State in which the employer is established – Probative value for the social security institutions of other Member States and for the courts of those Member States – Right of national courts to make a finding of fraud and to disregard the certificate – Condition – Obligation of the authorities of the host Member State to initiate a dialogue and conciliation procedure for the purpose of determining whether fraud has occurred
(European Parliament and Council Regulations No 883/2004, recital 15 and Arts. 11(1) and 76(6) and No 987/2009, Art 5)
(see paragraphs 33-63, operative part 2)