# C_2022084EN.01002203.xml

| 21.2.2022 | EN | Official Journal of the European Union | C 84/22 |
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21.2.2022

EN

Official Journal of the European Union

C 84/22

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Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 4 November 2021 — Verbraeken J. en Zonen BV, PN

(Case C-661/21)

(2022/C 84/29)

Language of the case: Dutch

Referring court

Hof van Cassatie

Parties to the main proceedings

Appellants: Verbraeken J. en Zonen BV, PN

Questions referred

| 1. | Must Article 13(1)(b)(i) of Regulation No 883/2004/EC (1) 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 (2) 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 (3) 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 follows from the fact that an undertaking which obtains a road transport authorisation in a Member State of the European Union in accordance with Regulations (EC) No 1071/2009 and No 1072/2009 and which therefore must have an effective and stable establishment in that Member State that this constitutes irrefutable proof that its registered office is situated in that Member State within the meaning of Article 13(1) of the aforementioned Regulation (EC) No 883/2004 for the purposes of determining the applicable social security system, and are the authorities of the Member State of employment bound by that finding? |
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1.

Must Article 13(1)(b)(i) of Regulation No 883/2004/EC (1) 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 (2) 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 (3) 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 follows from the fact that an undertaking which obtains a road transport authorisation in a Member State of the European Union in accordance with Regulations (EC) No 1071/2009 and No 1072/2009 and which therefore must have an effective and stable establishment in that Member State that this constitutes irrefutable proof that its registered office is situated in that Member State within the meaning of Article 13(1) of the aforementioned Regulation (EC) No 883/2004 for the purposes of determining the applicable social security system, and are the authorities of the Member State of employment bound by that finding?

| 2. | Can the national court of the Member State of employment which determines that the road transport authorisation in question has been obtained by fraud disregard that authorisation, or must the authorities of the Member State of employment, on the basis of the finding of fraud, first request the withdrawal of that authorisation from the authorities which issued the authorisation? |
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2.

Can the national court of the Member State of employment which determines that the road transport authorisation in question has been obtained by fraud disregard that authorisation, or must the authorities of the Member State of employment, on the basis of the finding of fraud, first request the withdrawal of that authorisation from the authorities which issued the authorisation?

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

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

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

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