# C_2021391EN.01001001.xml

| 27.9.2021 | EN | Official Journal of the European Union | C 391/10 |
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27.9.2021

EN

Official Journal of the European Union

C 391/10

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Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 5 July 2021 — FU, DRV Intertrans BV

(Case C-410/21)

(2021/C 391/15)

Language of the case: Dutch

Referring court

Hof van Cassatie

Parties to the main proceedings

Appellants: FU, DRV Intertrans BV

Questions referred

| 1. | Must Article 5 of Regulation (EC) No 987/2009 (1) of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems to be interpreted as meaning that:






  — | if, following a request by the authorities of the Member State of employment for the retroactive withdrawal of the ‘Al’ certificates, the authorities of the Member State which issued those A1 certificates confine themselves to withdrawing those certificates provisionally, stating that they no longer have any binding force, so that the criminal proceedings in the Member State of employment can continue, and that a final decision will only be taken by the Member State that issued the A1 certificates once the criminal proceedings in the Member State of employment have been finally concluded, the presumption attached to the Al certificates that the workers concerned are properly affiliated to the social security system of that issuing Member State ceases to apply and those Al certificates are no longer binding on the authorities of the Member State of employment; |
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1.

Must Article 5 of Regulation (EC) No 987/2009 (1) of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems to be interpreted as meaning that:

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if, following a request by the authorities of the Member State of employment for the retroactive withdrawal of the ‘Al’ certificates, the authorities of the Member State which issued those A1 certificates confine themselves to withdrawing those certificates provisionally, stating that they no longer have any binding force, so that the criminal proceedings in the Member State of employment can continue, and that a final decision will only be taken by the Member State that issued the A1 certificates once the criminal proceedings in the Member State of employment have been finally concluded, the presumption attached to the Al certificates that the workers concerned are properly affiliated to the social security system of that issuing Member State ceases to apply and those Al certificates are no longer binding on the authorities of the Member State of employment;

| — | if the answer to that question is in the negative, the authorities of the Member State of employment may, in the light of the case-law of the Court of Justice of the European Union, disregard the Al certificates at issue on the grounds of fraud? |
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if the answer to that question is in the negative, the authorities of the Member State of employment may, in the light of the case-law of the Court of Justice of the European Union, disregard the Al certificates at issue on the grounds of fraud?

| 2. | Must Article 13(1)(b)(i) of Regulation (EC) No 883/2004 (2) of 29 April 2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, Articles (3)(1)(a) and 11(1) of Regulation (EC) No 1071/2009 (3) of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC and Article (4)(1)(a) of Regulation (EC) No 1072/2009 (4) of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market be interpreted as meaning that it necessarily follows from the fact that an undertaking which obtains a road transport authorisation in a Member State of the European Union pursuant to Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 and which therefore must have an effective and stable establishment in that Member State, that it has been irrefutably demonstrated that its registered office is established in that Member State, as referred to in Article 13(1) of the aforementioned Regulation No 883/2004/EC, for the purposes of determining the applicable social security system and that the authorities of the Member State of employment are bound by that determination? |
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2.

Must Article 13(1)(b)(i) of Regulation (EC) No 883/2004 (2) of 29 April 2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, Articles (3)(1)(a) and 11(1) of Regulation (EC) No 1071/2009 (3) of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC and Article (4)(1)(a) of Regulation (EC) No 1072/2009 (4) of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market be interpreted as meaning that it necessarily follows from the fact that an undertaking which obtains a road transport authorisation in a Member State of the European Union pursuant to Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 and which therefore must have an effective and stable establishment in that Member State, that it has been irrefutably demonstrated that its registered office is established in that Member State, as referred to in Article 13(1) of the aforementioned Regulation No 883/2004/EC, for the purposes of determining the applicable social security system and that the authorities of the Member State of employment are bound by that determination?

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(1)  OJ 2009 L 284, p. 1.

(2)  OJ 2004 L 166, p. 1.

(3)  OJ 2009 L 300, p. 51.

(4)  OJ 2009 L 300, p. 72.

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