Case C-203/24, Hakamp: Judgment of the Court (Sixth Chamber) of 4 September 2025 (request for a preliminary ruling from the Hoge Raad der Nederlanden – Netherlands) – KN v Raad van bestuur van de Sociale verzekeringsbank (Reference for a preliminary ruling – Social security – Migrant workers – Legislation applicable – Regulation (EC) No 883/2004 – Article 13(1) – Regulation (EC) No 987/2009 – Article 14(8) and (10) – Worker normally employed in several Member States – Pursuit of less than 25 % of the activity in the Member State of residence – Concept of substantial part of the activity – Connecting factors relating to working time and/or remuneration – Consideration of other circumstances – Length of the assessment period – Discretion of the competent institutions)
Date: 2025-09-04
Institutions: Court of Justice
Subjects: EU Member State, barge, crew, establishment, frontier worker, residence, social security legislation, social-security harmonisation, working time








C_202505557EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5557


27.10.2025






Judgment of the Court (Sixth Chamber) of 4 September 2025 (request for a preliminary ruling from the Hoge Raad der Nederlanden – Netherlands) – KN v Raad van bestuur van de Sociale verzekeringsbank


(Case C-203/24,
                (1)
Hakamp
                (2)
)

(Reference for a preliminary ruling - Social security - Migrant workers - Legislation applicable - Regulation (EC) No 883/2004 - Article 13(1) - Regulation (EC) No 987/2009 - Article 14(8) and (10) - Worker normally employed in several Member States - Pursuit of less than 25 % of the activity in the Member State of residence - Concept of ‘substantial part of the activity’ - Connecting factors relating to working time and/or remuneration - Consideration of other circumstances - Length of the assessment period - Discretion of the competent institutions)
(C/2025/5557)
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: KN

Defendant: Raad van bestuur van de Sociale verzekeringsbank

Operative part of the judgment







1.


Article 14(8) of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 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,
must be interpreted as meaning that, in order to determine whether a person who normally pursues an activity as an employed person in two or more Member States carries out a substantial part of that activity in the Member State of residence, it is for the competent institution to ascertain, in the context of an overall assessment of that person’s situation, whether at least 25 % of his or her working time and/or remuneration is completed and/or obtained respectively in that State. In that context, there is no need to take into account other circumstances or criteria.










2.


Article 14(8) and (10) of Regulation No 987/2009, as amended by Regulation No 465/2012,
must be interpreted as meaning that, in order to assess, in the context of the overall assessment of the situation of a person who normally pursues an activity as an employed person in two or more Member States, whether that person pursues a substantial part of his or her activity in the Member State of residence, account must be taken of his or her situation projected for the following 12 calendar months.






(1)  OJ C, C/2024/3741.

(2)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.


ELI: http://data.europa.eu/eli/C/2025/5557/oj
ISSN 1977-091X (electronic edition)