This document is an excerpt from the EUR-Lex website
Document 62016CO0474
Order of the Court (Sixth Chamber) of 24 October 2017.
Criminal proceedings against Belu Dienstleistung GmbH & Co KG and Stefan Nikless.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Coordination of social security systems — Regulation (EC) No 883/2004 — Applicable legislation — A1 certificate — Probative value.
Case C-474/16.
Order of the Court (Sixth Chamber) of 24 October 2017.
Criminal proceedings against Belu Dienstleistung GmbH & Co KG and Stefan Nikless.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Coordination of social security systems — Regulation (EC) No 883/2004 — Applicable legislation — A1 certificate — Probative value.
Case C-474/16.
Court reports – general
Order of the Court (Sixth Chamber) of 24 October 2017 —
Belu Dienstleistung and Nikless
(Case C‑474/16) ( 1 )
(Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Coordination of social security systems — Regulation (EC) No 883/2004 — Applicable legislation — A1 certificate — Probative value)
|
1. |
Questions referred for a preliminary ruling—Questions identical to those already ruled on in the case-law—Application of Article 99 of the Rules of Procedure of the Court of Justice (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 99) (see paras 14-16) |
|
2. |
Social security—Migrant workers—Legislation applicable—Workers posted to a Member State other than that in which the employer is established—A1 certificate issued by the competent institution of the Member State of establishment—Probative value for the social security institutions of other Member States and for the courts of those Member States—Conditions under which the worker carries out his activities not falling within the material scope of Regulation No 883/2004—Irrelevant (European Parliament and Council Regulations No 883/2004, Art. 12(1) and (2), and No 987/2009, Art. 19) (see paras 17-20, operative part) |
Operative part
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 on the coordination of social security systems must be interpreted as meaning that an A1 certificate, issued by the institution designated by the competent authority of a Member State under Article 12(1) and (2) of Regulation (EC) No 883/2004 of the Parliament and of the Council of 29 April 2004 on the coordination of social security systems, is binding on both the social security institutions of the Member State in which the work is carried out and the courts of that Member State, even where it is found by those courts that the conditions under which the worker concerned carries out his activities clearly do not come within the material scope of that provision of Regulation No 883/2004.
( 1 ) OJ C 441, 28.11.2016.