CELEX: C2001/045/01
Language: en
Date: 2001-02-10 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 9 November 2000 in Case C-404/98 (reference for a preliminary ruling from the Bundesgerichtshof): Josef Plum v Allgemeine Ortskrankenkasse Rheinland, Regionaldirektion Köln (Social security for migrant workers — Determination of the legislation applicable — Workers posted to another Member State)

10.2.2001               EN                      Official Journal of the European Communities                                               C 45/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       families moving within the Community, as amended and updated by
                                                                             Council Regulation (EEC) No 2001/83 of 2 June 1983, is to be
                         (Sixth Chamber)                                     interpreted as not applying to workers of a construction company
                                                                             established in one Member State who are posted to carry out
                       of 9 November 2000                                    construction work in the territory of another Member State in which,
                                                                             apart from purely internal management activities, that undertaking
in Case C-404/98 (reference for a preliminary ruling                         performs all its activities. In accordance with Article 13(2)(a) of
from the Bundesgerichtshof): Josef Plum v Allgemeine                         Regulation No 1408/71, those workers are subject to the social
 Ortskrankenkasse Rheinland, Regionaldirektion Köln (1)                      security legislation of the Member State in whose territory they
                                                                             actually work.
(Social security for migrant workers — Determination of the
legislation applicable — Workers posted to another Member                    (1) OJ C 1 of 4.1.1999.
                               State)
                          (2001/C 45/01)
                   (Language of the case: German)
                                                                                               JUDGMENT OF THE COURT
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                                       (Fifth Chamber)
In Case C-404/98: reference to the Court under Article 177 of                                       of 16 November 2000
the EC Treaty (now Article 234 EC) from the Bundesgerichtshof
(Federal Court of Justice), Germany, for a preliminary ruling in             in Case C-282/98 P: Enso Española SA v Commission of
the proceedings pending before that court between Josef Plum                                   the European Communities (1)
and Allgemeine Ortskrankenkasse Rheinland, Regionaldirek-
tion Köln — on the interpretation of Articles 13(2)(a) and                   (Appeal — Competition — Article 85(1) of the EC Treaty
14(1)(a) of Regulation (EEC) No 1408/71 of the Council of                    (now Article 81(1) EC) — Fines — Statement of reasons —
14 June 1971 on the application of social security schemes to                             Principle of equal treatment — Costs)
employed persons, to selfemployed persons and to members
of their families moving within the Community, as amended                                                (2001/C 45/02)
and updated by Council Regulation (EEC) No 2001/83 of
2 June 1983 (OJ 1983 L 230, p. 6) — the Court (Sixth
Chamber), composed of: C. Gulmann, President of the Chamb-                                      (Language of the Case: Spanish)
er, V. Skouris, J.-P. Puissochet (Rapporteur), R. Schintgen and
F. Macken, Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, has given a judgment on 9 November 2000, in                       (Provisional translation; the definitive translation will be published
which it has ruled:                                                                              in the European Court Reports)
Article 14(1)(a) of Regulation (EEC) No 1408/71 of the Council of            In Case C-282/98 P, Enso Española SA, established in Cas-
14 June 1971 on the application of social security schemes to                tellbisbal, Spain, represented by A. Creus Carreras, of the
employed persons, to self-employed persons and to members of their           Barcelona Bar, and E. Contreras Ynzenga, of the Madrid Bar,