CELEX: C2004/190/23
Language: en
Date: 2004-07-24 00:00:00
Title: Case C-249/04: Reference for a preliminary ruling by a judgment of the Cour du travail de Liège, section de Neufchâteau, of 9 June 2004 in the case of José Allard against the Institut national d'assurances sociales pour travailleurs indépendants (INASTI)

24.7.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/14
            
         Reference for a preliminary ruling by a judgment of the Cour du travail de Liège, section de Neufchâteau, of 9 June 2004 in the case of José Allard against the Institut national d'assurances sociales pour travailleurs indépendants (INASTI)
   (Case C-249/04)
   (2004/C 190/23)
   Reference has been made to the Court of Justice of the European Communities by a judgment of the Cour du travail de Liège (Employment Court, Liège), section de Neufchâteau, of 9 June 2004, which was received at the Court Registry on 11 June 2004, for a preliminary ruling in the case of José Allard against the Institut national d'assurances sociales pour travailleurs indépendants (INASTI) on the following questions:
   
               1.
            
            
               Do Articles 13 et seq. of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (1) preclude a contribution such as the reduction contribution under Royal Decree No 289 of 31 March enacting certain temporary measures for the reduction of the income of self-employed persons with a view to reducing the public debt burden and ensuring the financial equilibrium of social security schemes for self-employed persons from being calculated in such a way as to include in income from an occupation the income which a self-employed person has obtained by carrying on an occupation in the territory of a Member State other than the State of taxation in circumstances where the self-employed person may not, as a result of paying that contribution, claim any social or other benefit at the expense of that State?
            
         
               2.
            
            
               Do the Treaty of Rome of 25 March 1957 establishing the European Community, and in particular Articles 39 and 43 thereof (formerly Articles 48 and 52), preclude a contribution calculated on that basis from being imposed on self-employed persons who exercise their right to freedom of movement?
            
         
      (1)  Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6, Annex 1)