# C_2004190EN.01001401.xml

| 24.7.2004 | EN | Official Journal of the European Union | C 190/14 |
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24.7.2004

EN

Official Journal of the European Union

C 190/14

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Reference for a preliminary ruling by a judgment of the Cour du travail de Liège, section de Neufchâteau, of 9 June 2004 in the case of José Allard against the Institut national d'assurances sociales pour travailleurs indépendants (INASTI)

(Case C-249/04)

(2004/C 190/23)

Reference has been made to the Court of Justice of the European Communities by a judgment of the Cour du travail de Liège (Employment Court, Liège), section de Neufchâteau, of 9 June 2004, which was received at the Court Registry on 11 June 2004, for a preliminary ruling in the case of José Allard against the Institut national d'assurances sociales pour travailleurs indépendants (INASTI) on the following questions:

| 1. | Do Articles 13 et seq. of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (1) preclude a contribution such as the reduction contribution under Royal Decree No 289 of 31 March enacting certain temporary measures for the reduction of the income of self-employed persons with a view to reducing the public debt burden and ensuring the financial equilibrium of social security schemes for self-employed persons from being calculated in such a way as to include in income from an occupation the income which a self-employed person has obtained by carrying on an occupation in the territory of a Member State other than the State of taxation in circumstances where the self-employed person may not, as a result of paying that contribution, claim any social or other benefit at the expense of that State? |
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1.

Do Articles 13 et seq. of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (1) preclude a contribution such as the reduction contribution under Royal Decree No 289 of 31 March enacting certain temporary measures for the reduction of the income of self-employed persons with a view to reducing the public debt burden and ensuring the financial equilibrium of social security schemes for self-employed persons from being calculated in such a way as to include in income from an occupation the income which a self-employed person has obtained by carrying on an occupation in the territory of a Member State other than the State of taxation in circumstances where the self-employed person may not, as a result of paying that contribution, claim any social or other benefit at the expense of that State?

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| 2. | Do the Treaty of Rome of 25 March 1957 establishing the European Community, and in particular Articles 39 and 43 thereof (formerly Articles 48 and 52), preclude a contribution calculated on that basis from being imposed on self-employed persons who exercise their right to freedom of movement? |
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2.

Do the Treaty of Rome of 25 March 1957 establishing the European Community, and in particular Articles 39 and 43 thereof (formerly Articles 48 and 52), preclude a contribution calculated on that basis from being imposed on self-employed persons who exercise their right to freedom of movement?

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(1)  Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6, Annex 1)

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