Judgment — ECLI:EU:C:2009:697
Date: 2009-11-12
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: External relations
Concepts: The various agreements concluded by the Community
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment International agreements – EC/Switzerland agreement on the free movement of persons – Freedom of establishment – Equal treatment (EC/Switzerland agreement on the free movement of persons, Arts 1, 5, 7 and 16 and Annex I, Arts 12 and 17 to 19) The provisions of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, in particular, Articles 1, 5, 7 and 16 thereof and also Articles 12 and 17 to 19 of Annex I thereto, do not preclude the legislation of a Member State from requiring a person, who is a national of that Member State and employed in the territory thereof, to join the statutory pension insurance scheme of that Member State, despite the fact that that person is a member of the managing board of a company limited by shares governed by Swiss law when members of the managing board of a company limited by shares governed by the law of that Member State are not obliged to join that insurance scheme. (see para. 50, operative part)