Case C-743/23, GKV-Spitzenverband: Judgment of the Court (First Chamber) of 11 December 2025 (request for a preliminary ruling from the Landessozialgericht für das Saarland – Germany) – A v GKV-Spitzenverband (Reference for a preliminary ruling – 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 – Migrant workers – Social security – Applicable legislation – Regulation (EC) No 883/2004 – Article 11 – Article 13(1) – Regulation (EC) No 987/2009 – Article 14(8) – Worker pursuing an activity as an employed person in the territory of several States, including a Member State, the Swiss Confederation and third countries – Concept of substantial part of the activity – Taking account of the activity pursued in third countries)
Date: 2025-12-11
Institutions: Court of Justice
Subjects: Switzerland, application of the law, economic activity, free movement of persons, migrant worker, residence, social security legislation, social-security harmonisation, third country, wage earner








C_202600604EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/604


9.2.2026






Judgment of the Court (First Chamber) of 11 December 2025 (request for a preliminary ruling from the Landessozialgericht für das Saarland – Germany) – A v GKV-Spitzenverband


(Case C-743/23,
                (1)
GKV-Spitzenverband)

(Reference for a preliminary ruling - 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 - Migrant workers - Social security - Applicable legislation - Regulation (EC) No 883/2004 - Article 11 - Article 13(1) - Regulation (EC) No 987/2009 - Article 14(8) - Worker pursuing an activity as an employed person in the territory of several States, including a Member State, the Swiss Confederation and third countries - Concept of ‘substantial part of the activity’ - Taking account of the activity pursued in third countries)
(C/2026/604)
Language of the case: German

Referring court

Landessozialgericht für das Saarland

Parties to the main proceedings


Applicant and respondent: A

Defendant and appellant: GKV-Spitzenverband

Interested party: Moguntia Food Group AG

Operative part of the judgment

Article 13(1) of 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, read in conjunction with 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 No 465/2012,
must be interpreted as meaning that, for the purpose of determining whether a person who pursues an activity as an employed person in several Member States, including his or her Member State of residence, and in several third countries, is pursuing a substantial part of that activity in his or her Member State of residence, within the meaning of Article 13(1), it is necessary to take into consideration not only the activity pursued by that person as an employed person in the Member States but also the activity pursued in third countries.


(1)  OJ C C/2024/2010.


ELI: http://data.europa.eu/eli/C/2026/604/oj
ISSN 1977-091X (electronic edition)