JUDGMENT OF THE COURT

(Fourth Chamber)

of 26 January 2006

in Case C-2/05: Reference for a preliminary ruling from the Arbeidshof te Brussel in Rijksdienst voor Sociale Zekerheid v Herbosch Kiere NV (1)

(Social security for migrant workers - Determination of the legislation applicable - Workers posted to another Member State - Scope of E 101 certificate)

(2006/C 86/16)

Language of the case: Dutch

In Case C-2/05: Reference for a preliminary ruling under Article 234 EC from the Arbeidshof te Brussel (Belgium), made by decision of 23 December 2004, received at the Court on 5 January 2005, in the proceedings between Rijksdienst voor Sociale Zekerheid and Herbosch Kiere NV — the Court (Fourth Chamber), composed of N. Colneric (Rapporteur), acting for the President of the Fourth Chamber, J.N. Cunha Rodrigues and K. Lenaerts, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 26 January 2006, in which it ruled:

As long as it has not been withdrawn or declared invalid by the authorities of the Member State which issued it, an E 101 certificate issued under Article 11(1)(a) of Regulation (EEC) No 574/72 of the Council of 21 March 1972 laying down the procedure for implementing Regulation No 1408/71, in the version amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983, as amended by Council Regulation (EEC) No 2195/91 of 25 June 1991, binds the competent institution and the courts of the Member State in which the workers are posted. 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 (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community, 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.

(1)  OJ C 82 of 02.04.2005.