Case C-351/08: Judgment of the Court (Fourth Chamber) of 12 November 2009 (reference for a preliminary ruling from the Bundessozialgericht, Germany) — Christian Grimme v Deutsche Angestellten-Krankenkasse (Freedom of movement for persons — Member of the managing board of a company limited by shares governed by Swiss law, director of a branch in Germany — Compulsory membership of the German pension insurance scheme — Exemption from that obligation for members of managing boards of companies limited by shares governed by German law)
Date: 2009-11-12
Institutions: Court of Justice
Subjects: EU national, Switzerland, free movement of persons, interpretation of the law, pension scheme, public limited company, social security








C_2010011EN.01000401.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/4





Judgment of the Court (Fourth Chamber) of 12 November 2009 (reference for a preliminary ruling from the Bundessozialgericht, Germany) — Christian Grimme v Deutsche Angestellten-Krankenkasse
(Case C-351/08) (1)

(Freedom of movement for persons - Member of the managing board of a company limited by shares governed by Swiss law, director of a branch in Germany - Compulsory membership of the German pension insurance scheme - Exemption from that obligation for members of managing boards of companies limited by shares governed by German law)
2010/C 11/05
Language of the case: German

Referring court

Bundessozialgericht

Parties to the main proceedings


Applicant: Christian Grimme

Defendant: Deutsche Angestellten-Krankenkasse

Intervener in support of the defendant: Deutsche Rentenversicherung Bund, Bundesagentur für Arbeit, BGl Bertil Grimme AG Insurance Brokers

Re:

Reference for a preliminary ruling — Bundessozialgericht — Interpretation of Articles 1, 5, 7 and 16 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, and of Articles 12, 17, 18 and 19 of Annex I to that agreement (OJ L 114 of 30.04.2002, p. 6) — National legislation requiring a member of a managing board of a company limited by shares governed by Swiss law who manages in Germany a branch of that company to be insured in the German statutory pension insurance scheme, whilst exempting members of managing boards of companies limited by shares governed by German law from that obligation

Operative part of the judgment

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, signed in Luxembourg on 21 June 1999 and, in particular, Articles 1, 5, 7 and 16 thereof as well as 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.


(1)  OJ C 272, 25.10.2008.