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Document 62009CN0245

Case C-245/09: Reference for a preliminary ruling from the Arbeidshof te Brussel (Belgium), lodged on 6 July 2009 — Omalet NV v Rijksdienst voor Sociale Zekerheid

SL C 220, 12.9.2009, p. 21–22 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

12.9.2009   

EN

Official Journal of the European Union

C 220/21

Reference for a preliminary ruling from the Arbeidshof te Brussel (Belgium), lodged on 6 July 2009 — Omalet NV v Rijksdienst voor Sociale Zekerheid

(Case C-245/09)

2009/C 220/42

Language of the case: Dutch

Referring court

Arbeidshof te Brussel

Parties to the main proceedings

Appellant: Omalet NV

Respondent: Rijksdienst voor Sociale Zekerheid

Questions referred

1.

Must a national court apply Article 49 EC to a dispute between the Rijksdienst voor Soziale Zekerheid and a principal contractor established in Belgium, where judgment is sought against that principal contractor pursuant to Article 30a(3) of the Law of 27 June 1969 amending the Decree-Law of 28 December 1944 on social security for employed persons (in the version applicable prior to the amendment of that article by Article 55 of the Programme Law of 27 April 2007) as being jointly and severally liable for a portion of the debts of a subcontractor who is unregistered and established in Belgium, or where judgment is sought against that principal contractor because he has not complied with the withholding obligation laid down by Article 30[a](4) of the Law?

2.

(In the alternative):

Is Article 49 EC incompatible with a rule such as that laid down by Article 30a(3) and (4) of the Belgian Law of 27 June 1969 amending the Decree-Law of 28 December 1944 on social security for employed persons (in the version applicable prior to the amendment [of] that article by Article 55 of the Programme Law of 27 April 2007)?
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