EN
C 463/16
Official Journal of the European Union
5.12.2022
Parties to the main proceedings Applicants: SN, AS, RA, AA, OK, SD, IS, YZ, VK, VM, SP, OZ, OK, MM, PS, OP, ST, OO, ST, OS, AB, AT, PM, IY, SO, HY, VK, VL, DT, DM, DK, OK, MK, VM, VM, AY, PD, SS, OH, AZ, RS, VD, AI, OK Defendant: Staatssecretaris van Justitie en Veiligheid
Questions referred 1.
Does the free movement of services guaranteed by Articles 56 and 57 TFEU include a right derived therefrom of residence in a Member State for third-country workers who may be employed in that Member State by a service provider established in another Member State? 2.
If not, where the duration of the provision of services exceeds three months, does Article 56 TFEU preclude an application having to be made for a residence permit for each individual worker in addition to a simple obligation to declare on the part of the service provider? 3.
If not, does Article 56 TFEU preclude a. a provision of national law that the period of validity of such a residence permit may not exceed two years, irrespective of the duration of the provision of services?
b. the limitation of the period of validity of such a residence permit to the period of validity of the work and residence permit in the Member State in which the service provider is established?
c. charging a fee per (renewal) application which is equal to the fee payable for a regular work permit for a third-country national, but five times higher than the fee payable for proof of lawful residence for a Union citizen?
Request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands) lodged on 18 August 2022 — X v Raad van bestuur van de Sociale verzekeringsbank (Case C-549/22) (2022/C 463/21) Language of the case: Dutch Referring court Centrale Raad van Beroep
Parties to the main proceedings Applicant: X Defendant: Raad van bestuur van de Sociale verzekeringsbank
Questions referred 1.
Must Article 68(4) of the Association Agreement (1) be interpreted as applying to a survivor of a deceased worker who resides in Algeria and who wishes to export her survivors’ benefit to Algeria?
If so, 2.
Must Article 68(4) of the Association Agreement, having regard to its wording and to its purpose and nature, be interpreted as having direct effect, so that persons to whom that provision applies are entitled to rely on it directly before the Member States’ courts to have rules of national law which are contrary to it disapplied?