Case C-115/11: Judgment of the Court (Second Chamber) of 4 October 2012 (reference for a preliminary ruling from the Sąd Apelacyjny w Warszawie — Poland) — Format Urządzenia i Montaże Przemysłowe sp. z o.o. v Zakład Ubezpieczeń Społecznych (Social security — Determination of the legislation applicable — Regulation (EEC) No 1408/71 — Article 14(2)(b) — Person normally employed in the territory of two or more Member States — Successive employment contracts — Employer established in the Member State of habitual residence of the worker — Employment performed exclusively in other Member States)
Date: 2012-10-04
Institutions: Court of Justice
Subjects: family benefit, social-security harmonisation, work contract, worker (EU)








C_2012366EN.01001101.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/11





Judgment of the Court (Second Chamber) of 4 October 2012 (reference for a preliminary ruling from the Sąd Apelacyjny w Warszawie — Poland) — Format Urządzenia i Montaże Przemysłowe sp. z o.o. v Zakład Ubezpieczeń Społecznych
(Case C-115/11) (1)

(Social security - Determination of the legislation applicable - Regulation (EEC) No 1408/71 - Article 14(2)(b) - Person normally employed in the territory of two or more Member States - Successive employment contracts - Employer established in the Member State of habitual residence of the worker - Employment performed exclusively in other Member States)
2012/C 366/17
Language of the case: Polish

Referring court

Sąd Apelacyjny w Warszawie

Parties to the main proceedings


Applicant: Format Urządzenia i Montaże Przemysłowe sp. z o.o.

Defendant: Zakład Ubezpieczeń Społecznych I Oddział w Warszawie

Re:

Reference for a preliminary ruling — Sąd Apelacyjny w Warszawie — Interpretation of Article 14(2)(b) of Council Regulation (EEC) No 1408/71 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 (OJ, English Special Edition 1971 (II), p. 416), as amended — Delimitation between the concepts of ‘person normally employed in the territory of two or more Member States’ and ‘posted worker’ — Worker employed by an undertaking established in his Member State of origin and carrying out his work exclusively in other Member States of the European Union, whilst retaining his residence and the centre of his vital interests in his State of origin

Operative part of the judgment

Article 14(2)(b) 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 1992/2006 of the European Parliament and of the Council of 18 December 2006, must be interpreted as meaning that, in circumstances such as those at issue in the main proceedings, a person who, under successive employment contracts stating the place of employment to be the territory of several Member States, in fact works during the term of each of those contracts only on the territory of one of those States at a time, cannot fall within the concept of ‘a person normally employed in the territory of two or more Member States’, within the meaning of that provision.


(1)  OJ C 152, 21.5.2011.