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CJEU Case C-356/15 / Judgment

European Commission v Kingdom of Belgium

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Fifth Chamber)
Type:
Decision
Decision date:
11/07/2018

Key facts of the case:

Failure of a Member State to fulfil obligations — Social security — Regulation (EC) No 883/2004 — Articles 11 and 12 and Article 76(6) — Regulation (EC) No 987/2009 — Article 5 — Posting of workers — Affiliation to a social security scheme — Combating fraud — A 1 Certificate — Refusal of recognition by the Member State where the professional activity is carried out in the event of fraud or abuse.

Outcome of the case:

On those grounds, the Court (Fifth Chamber) hereby:

  1. Declares that, by adopting Articles 23 and 24 of the Programme Law of 27 December 2012, the Kingdom of Belgium has failed to fulfil its obligations under Article 11(1), Article 12(1) and Article 76(6) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as amended by Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012, and under Article 5 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 No 883/2004;
  2. Dismisses the action as to the remainder;
  3. Orders the Kingdom of Belgium to pay the costs.