Judgment of the Court (Sixth Chamber) of 9 November 2000 in Case C-404/98 (reference for a preliminary ruling from the Bundesgerichtshof): Josef Plum v Allgemeine Ortskrankenkasse Rheinland, Regionaldirektion Köln (Social security for migrant workers — Determination of the legislation applicable — Workers posted to another Member State)
Date: 2001-02-10
Institutions: Court of Justice
Subjects: building industry, head office, interpretation of the law, labour law, labour mobility, work contract

10.2.2001

EN

Official Journal of the European Communities

C 45/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Sixth Chamber)

of 9 November 2000

in Case C-404/98 (reference for a preliminary ruling
from the Bundesgerichtshof): Josef Plum v Allgemeine
Ortskrankenkasse Rheinland, Regionaldirektion Köln (1)

families moving within the Community, as amended and updated by
Council Regulation (EEC) No 2001/83 of 2 June 1983, is to be
interpreted as not applying to workers of a construction company
established in one Member State who are posted to carry out
construction work in the territory of another Member State in which,
apart from purely internal management activities, that undertaking
performs all its activities. In accordance with Article 13(2)(a) of
Regulation No 1408/71, those workers are subject to the social
security legislation of the Member State in whose territory they
actually work.

(Social security for migrant workers — Determination of the
legislation applicable — Workers posted to another Member
State)

(1) OJ C 1 of 4.1.1999.

(2001/C 45/01)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-404/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Bundesgerichtshof
(Federal Court of Justice), Germany, for a preliminary ruling in
the proceedings pending before that court between Josef Plum
and Allgemeine Ortskrankenkasse Rheinland, Regionaldirek-
tion Köln — on the interpretation of Articles 13(2)(a) and
14(1)(a) of Regulation (EEC) No 1408/71 of the Council of
14 June 1971 on the application of social security schemes to
employed persons, to selfemployed persons and to members
of 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) — the Court (Sixth
Chamber), composed of: C. Gulmann, President of the Chamb-
er, V. Skouris, J.-P. Puissochet (Rapporteur), R. Schintgen and
F. Macken, Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, has given a judgment on 9 November 2000, in
which it has ruled:

JUDGMENT OF THE COURT

(Fifth Chamber)

of 16 November 2000

in Case C-282/98 P: Enso Espan˜ ola SA v Commission of
the European Communities (1)

(Appeal — Competition — Article 85(1) of the EC Treaty
(now Article 81(1) EC) — Fines — Statement of reasons —
Principle of equal treatment — Costs)

(2001/C 45/02)

(Language of the Case: Spanish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

Article 14(1)(a) 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

In Case C-282/98 P, Enso Espan˜ ola SA, established in Cas-
tellbisbal, Spain, represented by A. Creus Carreras, of the
Barcelona Bar, and E. Contreras Ynzenga, of the Madrid Bar,