FranklinWillemen/mapa_plus huggingface dataset:
However , I understand the basic argument is that male homosexuals were treated less favourably than female homosexuals . ( 61 ) It was suggested by the Appellant that a female police officer engaging in homosexual acts with a minor over the age of 14 would receive no ( or in any event a milder ) disciplinary sanction in comparison to a male homosexual police officer engaging in comparable acts . 152 .
To the extent that such a proposition were to be factually accurate ( in view of the disciplinary practice in the Austrian police force in the 1970s ) , which would be for the national court to ascertain , Article 157 TFEU prohibits sex discrimination in relation to ‘ pay ’ .
According to established case-law , ‘ pay ’ in that sense does not include payments made in application of statutory pension schemes , which are rather classed as social security benefits . ( 62 ) At the hearing , the Austrian Government stated that the pension scheme in this case is statutory .
Whether that is indeed the case ( within the meaning given to the Court ’ s case-law ( 63 ) ) would again be subject to verification by the national court .
However , on the basis of the statement provided by the Austrian Government on that point , those types of payments would in principle fall outside Article 157 TFEU , rendering that provision inapplicable to the present case . 153 .
If , however , that were not the case , temporal application of Article 157 TFEU ( and its predecessors ) would have to be considered .
I refer in that regard to my observations under Questions 4 and 5 which apply mutatis mutandis .
In addition , in accordance with the Barber ( 64 ) and Ten Oever ( 65 ) judgments , ‘ the direct effect of Article 119 of the EEC Treaty may be relied upon , for the purpose of claiming equal treatment in the matter of occupational pensions , only in relation to benefits payable in respect of periods of employment subsequent to 17 May 1990 [ date of the Barber judgment ] , subject to the exception in favour of workers or those claiming under them who have , before that date , initiated legal proceedings or raised an equivalent claim under the applicable national law ’ . ( 66 ) 154 .
However , it follows from the facts as set out in the referring court ’ s request that none of the relevant periods of employment are subsequent to 17 May 1990 .
Conclusion 155 .
I propose that the Court answer the first question referred by the Vervaltungsgerichtshof ( Higher Administrative Court , Austria ) , as follows : Article 2 of Council Directive 2000 / 78 / EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation does not preclude the maintenance in effect of the legal position created by an administrative decision that has become final under national law , in the area of law governing disciplinary action in the civil service ( disciplinary decision ) , compulsorily retiring and reducing the pension benefits of a civil servant , where – that administrative decision was not yet subject to provisions of EU law , in particular Directive 2000 / 78 , at the time when it was adopted , but – a ( notional ) decision to the same effect would infringe Directive 2000 / 78 if it were adopted within the temporal scope of the directive . 1 Original language : English . 2 Council Directive of 27 November 2000 establishing a general framework for equal treatment in employment and occupation ( OJ 2000 L 303 , p . 16 ) . 3 Judgment of the VfGH of 21 June 2002 , G 6 / 02 ECLI : AT : VFGH : 2002 : G6.2002 . 4 Judgment of the ECtHR of 9 January 2003 , L . and V . v .
Austria ( CE : ECHR : 2003 : 0109JUD003939298 ) ; see also judgments of 9 January 2003 , S.L . v .
Austria ( CE : ECHR : 2003 : 0109JUD004533099 ) , and of 21 October 2004 , Woditschka and Wilfling v .
Austria ( CE : ECHR : 2004 : 1021JUD006975601 ) . 5 Article 24 of the DP , quoted above in point 16 of this Opinion . 6 Adding that under current national rules , a final criminal conviction entered against a civil servant has as its automatic consequence the termination of the employment relationship ex lege , without the need for a disciplinary decision in that regard being taken . 7 As in fact already implied by the wording of the then applicable Article 87 of the DP ( above , point 16 ) . 8 See , for example , judgments of 16 May 1979 , Tomadini ( 84 / 78 , EU : C : 1979 : 129 , paragraph 21 ) , and of 6 October 2015 , Commission v Andersen ( C ‑ 303 / 13 P , EU : C : 2015 : 647 , paragraph 49 ) . 9 Judgment of 6 October 2015 , Commission v Andersen ( C ‑ 303 / 13 P , EU : C : 2015 : 647 , paragraph 50 ) . 10 Judgment of 26 March 2015 , Commission v Moravia Gas Storage ( C ‑ 596 / 13 P , EU : C : 2015 : 203 , paragraph 32 ) . 11 Which , in a way , differs not in principle , but just in scale ( the entire legal order if effectively ‘ amended ’ ) . 12 See , for example , judgments of 14 June 2007 , Telefónica O2 Czech Republic ( C ‑ 64 / 06 , EU : C : 2007 : 348 ) ( procedure before authority ongoing at the date of accession , decision post-accession ) ; of 22 December 2010 , Bezpečnostní softwarová asociace ( C ‑ 393 / 09 , EU : C : 2010 : 816 , paragraphs 22 to 27 ) ( request for authorisation pre-accession , fresh decision adopted post-accession ) ; of 24 November 2011 , Circul Globus Bucureşti ( C ‑ 283 / 10 , EU : C : 2011 : 772 , paragraph 29 ) ( licensing contract pre-accession , alleged breach of intellectual property rights post-accession ) ; of 12 September 2013 , Kuso ( C ‑ 614 / 11 , EU : C : 2013 : 544 , paragraph 30 ) ( work contract pre-accession , retirement post accession ) ; and of 3 September 2014 , X ( C ‑ 318 / 13 , EU : C : 2014 : 2133 , paragraphs 21 to 24 ) ( accident at work pre-accession , related legal act being challenged post-accession ) . 13 Judgment of 10 January 2006 , Ynos ( C ‑ 302 / 04 , EU : C : 2006 : 9 ) . 14 Judgment of 15 December 2016 , Nemec ( C ‑ 256 / 15 , EU : C : 2016 : 954 ) . 15 Judgment of 29 April 1999 ( C ‑ 224 / 97 , EU : C : 1999 : 212 ) . 16 Judgment of 29 April 1999 , Ciola ( C ‑ 224 / 97 , EU : C : 1999 : 212 , paragraphs 3 and 4 ) . 17 Opinion of Advocate General Mischo in Ciola ( C ‑ 224 / 97 , EU : C : 1998 : 598 , point 5 ) . 18 Judgment of 29 April 1999 , Ciola ( C ‑ 224 / 97 , EU : C : 1999 : 212 , paragraph 8 ) ; Opinion of Advocate General Mischo in Ciola ( C ‑ 224 / 97 , EU : C : 1998 : 598 , point 6 ) . 19 Judgment of 29 April 1999 , Ciola ( C ‑ 224 / 97 , EU : C : 1999 : 212 , paragraphs 25 and 34 ) , emphasis added .
See also Opinion of Advocate General Mischo in Ciola ( C ‑ 224 / 97 , EU : C : 1998 : 598 , points 40 to 43 ) . 20 Judgments of 1 April 2008 , Maruko ( C ‑ 267 / 06 , EU : C : 2008 : 179 ) , and of 10 May 2011 , Römer ( C ‑ 147 / 08 , EU : C : 2011 : 286 ) .
Certain pension schemes are , however , excluded from the scope of Directive 2000 / 78 by Article 3 ( 3 ) thereof . 21 Judgments of 10 June 2010 , Bruno and Others ( C ‑ 395 / 08 and C ‑ 396 / 08 , EU : C : 2010 : 329 ) , and of 1 March 2012 , O ’ Brien ( C ‑ 393 / 10 , EU : C : 2012 : 110 ) . 22 Council Directive of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE , CEEP and the ETUC — Annex : Framework agreement on part-time work ( OJ 1998 L 14 , p . 9 ) . 23 Judgment of 10 June 2010 , Bruno and Others ( C ‑ 395 / 08 and C ‑ 396 / 08 , EU : C : 2010 : 329 , paragraph 55 ) , and of 1 March 2012 , O ’ Brien ( C ‑ 393 / 10 , EU : C : 2012 : 110 , paragraphs 24 and 25 ) . 24 In the case of O ’ Brien , in 2005 .
As regards Bruno , the Court does not confirm that explicitly , but the fact that none of the applicants had retired is implicit in paragraph 12 of the judgment .
In her Opinion in Bruno , Advocate General Sharpston stated that ‘ Directive 97 / 81 therefore governs the calculation of qualifying weeks for access to the pension at issue in the main proceedings , to the extent that none of the claimants had retired definitively before the entry into force of the Directive .
It is for the national court to establish whether that is the case ’ .
Opinion of Advocate General Sharpston in Joined Cases Bruno and Others ( C ‑ 395 / 08 and C ‑ 396 / 08 , EU : C : 2010 : 28 , point 40 ) .
Emphasis added . 25 Judgment of 17 May 1990 ( C ‑ 262 / 88 , EU : C : 1990 : 209 ) . 26 Judgment of 6 October 1993 ( C ‑ 109 / 91 , EU : C : 1993 : 833 ) . 27 In Ten Oever , the alleged right to a survivor ’ s pension arose following the death of the spouse in 1988 .
Mr Barber was made redundant in 1980 . 28 Judgment of 1 April 2008 ( C ‑ 267 / 06 , EU : C : 2008 : 179 ) . 29 Judgment of 6 October 1993 ( C ‑ 109 / 91 , EU : C : 1993 : 833 ) . 30 See judgment of 1 April 2008 , Maruko ( C ‑ 267 / 06 , EU : C : 2008 : 179 , paragraph 21 ) . 31 Judgments of 7 February 2002 , Kauer ( C ‑ 28 / 00 , EU : C : 2002 : 82 ) , and of 18 April 2002 , Duchon ( C ‑ 290 / 00 , EU : C : 2002 : 234 ) . 32 The operative part of that decision is reproduced above in point 19 . 33 See points 21 and 22 above . 34 Judgment of 10 May 2011 ( C ‑ 147 / 08 , EU : C : 2011 : 286 ) . 35 More specifically , tax classification of notional net income used to calculate the pension . 36 Judgment of 10 May 2011 , Römer ( C ‑ 147 / 08 , EU : C : 2011 : 286 , paragraph 19 ) . 37 Judgment of 5 February 1981 , P . v Commission ( 40 / 79 , EU : C : 1981 : 32 ) . 38 Essentially , the condition that the deceased was solely to blame was removed and a new condition , that the survivor was not solely to blame , took its place . 39 Judgment of 14 April 1970 ( 68 / 69 , EU : C : 1970 : 24 ) . 40 Council Directive of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security ( OJ 1979 L 6 , p . 24 ) . 41 Judgment of 24 June 1987 ( 384 / 85 , EU : C : 1987 : 309 ) . 42 Judgment of 24 June 1987 , Borrie Clarke ( 384 / 85 , EU : C : 1987 : 309 , paragraph 12 ) . 43 See , for example , judgment of 8 March 1988 , Dik and Others ( 80 / 87 , EU : C : 1988 : 133 ) . 44 Judgment of 30 November 2000 ( C ‑ 195 / 98 , EU : C : 2000 : 655 ) . 45 Judgment of 30 November 2000 , Österreichischer Gewerkschaftsbund ( C ‑ 195 / 98 , EU : C : 2000 : 655 ) . 46 See , for example , judgments of 30 September 2003 , Köbler ( C ‑ 224 / 01 , EU : C : 2003 : 513 ) ; of 26 October 2006 , Commission v Italy ( C ‑ 371 / 04 , EU : C : 2006 : 668 ) ; and of 18 June 2009 , Hütter ( C ‑ 88 / 08 , EU : C : 2009 : 381 ) . 47 Judgments of 18 June 2009 , Hütter ( C ‑ 88 / 08 , EU : C : 2009 : 381 ) ; of 28 January 2015 , Starjakob ( C ‑ 417 / 13 , EU : C : 2015 : 38 ) ; and of 14 March 2018 , Stollwitzer ( C ‑ 482 / 16 , EU : C : 2018 : 180 ) . 48 Following again the general rules that the specific content of the mutual rights and obligations in ongoing legal relationships , such as , for instance , contracts concluded under the previous legal regime , will have to be prospectively modified to be in compliance with the new law — see further , for example , my Opinion in Nemec ( C ‑ 256 / 15 , EU : C : 2016 : 619 , point 41 ) . 49 Above , points 67 to 74 . 50 It is explained in the order for reference that technically the ‘ serving employment relationship ’ has transformed into a ‘ retirement employment relationship ’ .
The point here is that the civil servant is no longer serving . 51 See , for example , judgment of 11 November 2015 , Klausner Holz Niedersachsen ( C ‑ 505 / 14 , EU : C : 2015 : 742 , paragraph 38 and the case-law cited ) . 52 Judgments of 1 June 1999 , Eco Swiss ( C ‑ 126 / 97 , EU : C : 1999 : 269 , paragraphs 46 and 47 ) , and of 16 March 2006 , Kapferer ( C ‑ 234 / 04 , EU : C : 2006 : 178 , paragraph 21 ) . 53 Such exceptional circumstances are considered in the judgments of 13 January 2004 , Kühne & Heitz ( C ‑ 453 / 00 , EU : C : 2004 : 17 , paragraph 28 ) , and of 18 July 2007 , Lucchini ( C ‑ 119 / 05 , EU : C : 2007 : 434 , paragraph 63 ) . 54 Cited above in footnote 4 . 55 Reaching such an unbearable degree of tension between justice and legal certainty that the latter must give way to the former and the ( erroneous ) posited law in question declared ex post non-existent — Gustav Radbruch , ‘ Gesetzliches Unrecht und übergesetzliches Recht ’ , Süddeutsche Juristen-Zeitung , 1946 , Volume 1 , issue 5 , pp . 105 to 108 . 56 Discussed above in point 41 . 57 It was confirmed in the written submissions and at the hearing that after leaving the police force , the Appellant was employed in the private sector , for which he receives a pension . 58 As was confirmed at the hearing , the Appellant has been receiving a pension from the police force since his forced retirement in 1976 . 59 See above , point 42 , and the submissions of the Austrian Government in the sense that a police officer soliciting sexual encounters with minors would be punishable in disciplinary proceedings irrespective of the sexual orientation of the actors involved . 60 Most recently , see for example , orders of 31 May 2018 , Bán ( C ‑ 24 / 18 , not published , EU : C : 2018 : 376 , paragraph 18 et seq . ) ; of 7 June 2018 , easyJet Airline ( C ‑ 241 / 18 , not published , EU : C : 2018 : 421 , paragraph 12 et seq . ) ; and of 7 June 2018 , Filippi and Others ( C ‑ 589 / 16 , EU : C : 2018 : 417 , paragraph 25 et seq . ) . 61 See , a contrario , judgment of 17 February 1998 , Grant ( C ‑ 249 / 96 , EU : C : 1998 : 63 ) . 62 See judgment of 28 September 1994 , Beune ( C ‑ 7 / 93 , EU : C : 1994 : 350 , paragraphs 20 to 24 and the case-law cited ) . 63 See , for example , judgments of 28 September 1994 , Beune ( C ‑ 7 / 93 , EU : C : 1994 : 350 , paragraphs 20 to 24 and the case-law cited ) , and of 24 November 2016 , Parris ( C ‑ 443 / 15 , EU : C : 2016 : 897 , paragraphs 34 and 35 ) . 64 Judgment of 17 May 1990 ( C ‑ 262 / 88 , EU : C : 1990 : 209 ) . 65 Judgment of 6 October 1993 ( C - 109 / 91 , EU : C : 1993 : 833 ) . 66 See the operative part of the judgment of 6 October 1993 , Ten Oever ( C - 109 / 91 , EU : C : 1993 : 833 ) .
Emphasis added .
JUDGMENT OF THE COURT ( First Chamber ) 6 September 2018 ( * ) ( Reference for a preliminary ruling — Social security — Regulation ( EC ) No 987 / 2009 — Articles 5 and 19 ( 2 ) — Workers posted in a Member State other than that in which the employer usually carries out its activities — Issue of the A1 attestations by the Member State of origin after recognition by the host Member State that the workers are subject to its social security scheme — Opinion of the Administrative Board — Incorrect issue of A1 certificates — Finding — Binding nature and retroactive effect of those certificates — Regulation ( EC ) No 883 / 2004 — Legislation applicable — Article 12 ( 1 ) — Concept of a person ‘ sent to replace another person ’ ) In Case C ‑ 527 / 16 , REQUEST for a preliminary ruling under Article 267 TFEU from the Verwaltungsgerichtshof ( Supreme Administrative Court , Austria ) , made by decision of 14 September 2016 , received at the Court on 14 October 2016 , in the proceedings Salzburger Gebietskrankenkasse , Bundesminister für Arbeit , Soziales und Konsumentenschutz , Interested parties : Alpenrind GmbH , Martin-Meat Szolgáltató és Kereskedelmi Kft , Martimpex-Meat Kft , Pensionsversicherungsanstalt , Allgemeine Unfallversicherungsanstalt , THE COURT ( First Chamber ) , composed of R .
Silva de Lapuerta , President of the Chamber , C.G .
Fernlund , J .
- C .
Bonichot , S .
Rodin and E .
Regan ( Rapporteur ) , Judges , Advocate General : H .
Saugmandsgaard Øe , Registrar : M .
Ferreira , Principal Administrator , having regard to the written procedure and further to the hearing on 28 September 2017 , after considering the observations submitted on behalf of : – the Salzburger Gebietskrankenkasse , by P .
Reichel , Rechtsanwalt , – Alpenrind GmbH , by R .
Haumer and W .
Berger , Rechtsanwälte , – Martimpex-Meat Kft and Martin-Meat Szolgáltató és Kereskedelmi Kft , by U .
Salburg and G .
Simonfay , Rechtsanwälte , – the Austrian Government , by G .
Hesse , acting as Agent , – the Belgian Government , by L .
Van den Broeck and M .
Jacobs , acting as Agents , – the Czech Government , by M .
Smolek , J .
Vláčil , J .
Pavliš and O .
Šváb , acting as Agents , – the German Government , by T .
Henze and D .
Klebs , acting as Agents , – Ireland , by L .
Williams , G .
Hodge , J .
Murray and E .
Creedon and by A .
Joyce and N .
Donnelly , acting as Agents , – the French Government , by C .
David , acting as Agent , – the Hungarian Government , by M .
Fehér , acting as Agent , – the Polish Government , by B .
Majczyna , acting as Agent , and by M .
Malczewska , adwokat , – the European Commission , by B .
- R .
Killmann and D .
Martin , acting as Agents , after hearing the Opinion of the Advocate General at the sitting on 31 January 2018 , gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation , first , of Article 12 ( 1 ) 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 ( OJ 2004 L 166 , p . 1 , and corrigendum OJ 2004 L 200 , p . 1 ) , as amended by Commission Regulation ( EU ) No 1244 / 2010 of 9 December 2010 ( OJ 2010 L 338 , p . 35 ) ( ‘ Regulation No 883 / 2004 ’ ) and , second , Article 5 and Article 19 ( 2 ) 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 ( OJ 2009 L 284 , p . 1 ) , as amended by Regulation No 1244 / 2010 ( OJ 2010 L 338 , p . 35 ) ( ‘ Regulation No 987 / 2009 ’ ) . 2 The request has been made in proceedings between Salzburger Gebietskrankenkasse ( Salzburg Regional Health Insurance Fund ) ( ‘ the Health Insurance Fund ’ ) and the Bundesminister für Arbeit , Soziales und Konsumentenschutz ( Federal Minister of Labour , Social Affairs and Consumer Protection ) ( ‘ the Minister ’ ) and Alpenrind GmbH , Martin-Meat Szolgáltató es Kereskedelmi Kft ( ‘ Martin-Meat ’ ) , Martimpex-Meat Kft ( ‘ Martimpex ’ ) , the Pensionsversicherungsanstalt ( Pension Insurance Authority ) and the Allgemeine Unfallversicherungsanstalt ( General Accident Insurance Authority ) concerning the social security legislation applicable to persons posted to work in Austria under an agreement between Alpenrind , established in Austria , and Martimpex , established in Hungary .
Legal framework Regulation No 883 / 2004 3 Recitals 1 , 3 , 5 , 8 , 15 , 17 to 18a and 45 of Regulation No 883 / 2004 are worded as follows : ‘ ( 1 ) The rules for coordination of national social security systems fall within the framework of free movement of persons and should contribute towards improving their standard of living and conditions of employment . ( 3 ) Council Regulation ( EEC ) No 1408 / 71 of 14 June 1971 on the application of social security schemes to employed persons , to self-employed persons and to members of their families moving within the [ Union ] has been amended and updated on numerous occasions in order to take into account not only developments at [ Union ] level , including judgments of the Court of Justice , but also changes in legislation at national level .
Such factors have played their part in making the [ Union ] coordination rules complex and lengthy .
Replacing , while modernising and simplifying , these rules is therefore essential to achieve the aim of the free movement of persons . ( 5 ) It is necessary , within the framework of such coordination , to guarantee within the [ Union ] equality of treatment under the different national legislation for the persons concerned . ( 8 ) The general principle of equal treatment is of particular importance for workers who do not reside in the Member State of their employment , including frontier workers . ( 15 ) It is necessary to subject persons moving within the [ Union ] to the social security scheme of only one single Member State in order to avoid overlapping of the applicable provisions of national legislation and the complications which could result therefrom . ( 17 ) With a view to guaranteeing the equality of treatment of all persons occupied in the territory of a Member State as effectively as possible , it is appropriate to determine as the legislation applicable , as a general rule , that of the Member State in which the person concerned pursues his / her activity as an employed or self-employed person . ( 18 ) In specific situations which justify other criteria of applicability , it is necessary to derogate from that general rule . ( 18a ) The principle of single applicable legislation is of great importance and should be enhanced . ( 45 ) Since the objective of the proposed action , namely the coordination measures to guarantee that the right to free movement of persons can be exercised effectively , cannot be sufficiently achieved by the Member States and can therefore , by reason of the scale and effects of that action , be better achieved at [ Union ] level , the [ Union ] may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty . 4 In Title II of that regulation entitled , ‘ Determination of the legislation applicable ’ , Article 11 , headed ‘ General rules ’ , provides : ‘ 1 .
Persons to whom this Regulation applies shall be subject to the legislation of a single Member State only .
Such legislation shall be determined in accordance with this Title . 3 .
Subject to Articles 12 to 16 : ( a ) a person pursuing an activity as an employed or self-employed person in a Member State shall be subject to the legislation of that Member State . 5 Also in Title II , Article 12 of that regulation , entitled ‘ Special rules ’ , provided in paragraph 1 , in the version applicable at the beginning of the period from 1 February 2012 to 13 December 2013 ( ‘ the period at issue ’ ) : ‘ A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted by that employer to another Member State to carry out work on that employer ’ s behalf shall continue to be subject to the legislation of the first Member State , provided that the anticipated duration of such work does not exceed 24 months and that he / she is not sent to replace another person . ’ 6 During the period at issue , Article 12 ( 1 ) of Regulation No 883 / 2004 was amended by Regulation ( EU ) No 465 / 2012 of the European Parliament and of the Council of 22 May 2012 , amending Regulation No 883 / 2004 and Regulation No 987 / 2009 ( OJ 2012 L 149 , p . 4 ) adding the word ‘ posted ’ to the end of that paragraph . 7 Under Title IV of that regulation , entitled ‘ Composition and working methods of the Administrative Commission ’ , Article 71 ( 1 ) provides : ‘ The Administrative Commission for the Coordination of Social Security Systems ( hereinafter called the the Administrative Commission ) attached to the [ European Commission ] shall be made up of a government representative from each of the Member States , assisted , where necessary , by expert advisers .
A representative of the [ European Commission ] shall attend the meetings of the Administrative Commission in an advisory capacity . ’ 8 Article 72 in Title IV , headed ‘ Tasks of the Administrative Commission ’ , is worded as follows : ‘ The Administrative Commission shall : ( a ) deal with all administrative questions and questions of interpretation arising from the provisions of this Regulation or those of [ Regulation No 987 / 2009 ] , or from any agreement concluded or arrangement made thereunder , without prejudice to the right of the authorities , institutions and persons concerned to have recourse to the procedures and tribunals provided for by the legislation of the Member States , by this Regulation or by the Treaty ; ( c ) foster and develop cooperation between Member States and their institutions in social security matters in order , inter alia , to take into account particular questions regarding certain categories of persons ; facilitate realisation of actions of cross border cooperation activities in the area of the coordination of social security systems ; 9 Under Article 76 , entitled ‘ Cooperation ’ , in Title V of Regulation No 883 / 2004 , itself headed ‘ Miscellaneous Provisions ’ : ‘ 1 .