Case C-329/23, Sozialversicherungsanstalt: Judgment of the Court (Seventh Chamber) of 26 September 2024 (request for a preliminary ruling from the Verwaltungsgerichtshof – Austria) – Sozialversicherungsanstalt der Selbständigen v W M (Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EEC) No 1408/71 – Articles 13 and 14a – Regulation (EC) No 883/2004 – Article 11 and Article 13(2) – Worker simultaneously pursuing an activity as a self-employed person in the territory of two or more States, including a Member State of the European Union, a State of the European Free Trade Association, which is a party to the Agreement on the European Economic Area, and the Swiss Confederation – Article 87(8) – Concept of relevant situation – Agreement on the European Economic Area – 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)
Date: 2024-09-26
Institutions: Court of Justice
Subjects: EU Member State, EU national, European Economic Area, Liechtenstein, Switzerland, application of EU law, bilateral relations, social security legislation, social-security harmonisation








C_202406620EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6620


11.11.2024






Judgment of the Court (Seventh Chamber) of 26 September 2024 (request for a preliminary ruling from the Verwaltungsgerichtshof – Austria) – Sozialversicherungsanstalt der Selbständigen v W M


(Case C-329/23,
                (1)
Sozialversicherungsanstalt)

(Reference for a preliminary ruling - Migrant workers - Social security - Legislation applicable - Regulation (EEC) No 1408/71 - Articles 13 and 14a - Regulation (EC) No 883/2004 - Article 11 and Article 13(2) - Worker simultaneously pursuing an activity as a self-employed person in the territory of two or more States, including a Member State of the European Union, a State of the European Free Trade Association, which is a party to the Agreement on the European Economic Area, and the Swiss Confederation - Article 87(8) - Concept of ‘relevant situation’ - Agreement on the European Economic Area - 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)
(C/2024/6620)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: Sozialversicherungsanstalt der Selbständigen

Defendant: W M

Other party: Bundesminister für Soziales, Gesundheit, Pflege und Konsumentenschutz

Operative part of the judgment

Council Regulation (EC) 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, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 631/2004 of the European Parliament and of the Council of 31 March 2004 and Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as amended by Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012 in conjunction with Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation No 883/2004, as amended by Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012,
must be interpreted as being applicable, under the Agreement on the European Economic Area of 2 May 1992, as amended by the Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and 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, to a situation in which an EU citizen – who simultaneously pursues occupational activities as a self-employed person in an EU Member State and a State of the European Free Trade Association, which is a party to the Agreement on the European Economic Area – takes up an additional occupational activity as a self-employed person in Switzerland. It is necessary, in accordance with the relevant provisions of those regulations, to determine the applicable social security legislation separately: on the one hand, within the context of the Agreement on the European Economic Area and, on the other, within the context 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.


(1)  
            OJ C 271, 31.7.2023.


ELI: http://data.europa.eu/eli/C/2024/6620/oj
ISSN 1977-091X (electronic edition)