Judgment — ECLI:EU:C:2010:755
Date: 2010-12-09
Language of the case: Dutch
Court formation: Fourth Chamber
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment Social security for migrant workers – Legislation applicable (Council Regulation No 1408/71, as amended by Regulation No 1390/81, Art. 13(2)(d)) What is meant by ‘civil servants’ and ‘persons to be treated as such’, for the purpose of Article 13(2)(d) of Regulation No 1408/71, as amended by Regulation No 1390/81, is to be determined solely by reference to the national law of the Member State to which the administration employing the person concerned is subject. A person who, in a Member State, is subject partly to the social security scheme for civil servants and partly to the social security scheme for employed persons may thus be subject, in accordance with the provision made by Article 13(2)(d) of Regulation No 1408/71, only to the legislation of the Member State to which the administration employing that person is subject. (see para. 31, operative part)