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:
68) With regard to a potential breach of the principle that the persons to whom Regulation No 883/2004 applies are subject to the legislation of a single Member State only, the Kingdom of Belgium maintains that it may be the case, in the event of fraud, that the institution that is allegedly competent never issued the A1 certificate, that the worker is not subject to the legislation of that Member State and that he or she, in fact, receives no protection in terms of social security. In such a scenario, there is no serious breach of the principle in question. In addition, according to the Kingdom of Belgium, fraudulent arrangements lead to unlawful competition and social dumping. The application of Articles 23 and 24 of the Programme Law thus guarantees ‘[the entitlement] to social security benefits and social advantages’ within the meaning of Article 34(2) of the Charter of Fundamental Rights of the European Union.