# C_2005182EN.01001701.xml

| 23.7.2005 | EN | Official Journal of the European Union | C 182/17 |
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23.7.2005

EN

Official Journal of the European Union

C 182/17

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 26 May 2005

in Case C-249/04: Reference for a preliminary ruling from the Cour du travail de Liège, Neufchâteau section José Allard v Institut national d'assurances sociales pour travailleurs indépendants (Inasti) (1)

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(Articles 48 and 52 of the EC Treaty (now, after amendment, Articles 39 EC et 43 EC) - Regulation (EEC) No 1408/71 - Self-employed persons pursuing professional activities in the territories of two Member States and residing in one of them - Requirement of a moderation contribution - Basis of calculation)

(2005/C 182/31)

Language of the case: French

In Case C-249/04: reference for a preliminary ruling under Article 234 EC from the Cour du travail de Liège, Neufchâteau section (Belgium), made by decision of 9 June 2004, received at the Court on 11 June 2004, in the proceedings between José Allard and Institut national d'assurances sociales pour travailleurs indépendants (Inasti) — the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, P. Kūris and J. Klučka (Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 26 May 2005, the operative part of which is as follows:

| 1. | Article 13 et seq. of Regulation (EEC) No 1408/71 of the Council 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 Community, as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983, require a contribution such as the moderation contribution payable under Royal Decree No 289 of 31 March 1984 to be calculated in such as way as to include under the heading of occupational income the income obtained in the territory of a Member State other than the Member State whose social legislation is applicable even if, after paying that contribution, the self-employed person cannot claim any social security or other benefit at the expense of that State. |
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1.

Article 13 et seq. of Regulation (EEC) No 1408/71 of the Council 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 Community, as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983, require a contribution such as the moderation contribution payable under Royal Decree No 289 of 31 March 1984 to be calculated in such as way as to include under the heading of occupational income the income obtained in the territory of a Member State other than the Member State whose social legislation is applicable even if, after paying that contribution, the self-employed person cannot claim any social security or other benefit at the expense of that State.

| 2. | Article 52 of the EC Treaty (now, after amendment, Article 43 EC) does not preclude the imposition of a contribution such as the moderation contribution, payable in the Member State of residence and calculated taking into account income obtained in another Member State, on self-employed persons pursuing professional activities in that capacity in those two Member States. |
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Article 52 of the EC Treaty (now, after amendment, Article 43 EC) does not preclude the imposition of a contribution such as the moderation contribution, payable in the Member State of residence and calculated taking into account income obtained in another Member State, on self-employed persons pursuing professional activities in that capacity in those two Member States.

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(1)  OJ C 190 of 24.07.2004.

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