Opinion of the Advocate General — ECLI:EU:C:2017:181
Date: 2017-03-08
Language of the case: Dutch
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary — Judgment of the Court (Third Chamber), 13 September 2017 Social security — Applicable legislation — Article 14(2)(b) of Regulation No 1408/71 — A person normally employed in several Member States — A person residing and employed in the territory of one Member State who, during a three month period of unpaid leave taken in that Member State, is employed in the territory of another Member State — Included — Conditions — Verification by the national court (Council Regulation No 1408/71, Art. 14(2)(b)(i)) Article 14(2)(b)(i) 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 (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008, must be interpreted as meaning that a person residing and employed in the territory of one Member State who, for a period of three months, takes unpaid leave and is employed in the territory of another Member State, is to be regarded as normally employed in the territory of two Member States within the meaning of that provision, provided that, during that period of leave, he is considered as normally employed under the social security legislation of the first Member State and that the activity carried out on the territory of the second Member State is habitual and significant in nature, which it is for the referring court to determine. In order to assess whether the activities carried out in the territory of the latter Member State during that period are habitual and significant in nature, regard must be had, in particular, to the duration of periods of activity and to the nature of the employment as defined in the contractual documents, as well as to the actual work performed, where appropriate (see, to that effect, judgment of 13 September 2017, X, C‑570/15, paragraph 21). (see paras 27, 29, operative part)