CELEX: C2000/122/05
Language: en
Date: 2000-04-29 00:00:00
Title: Judgment of the Court of 15 February 2000 in Case C-34/98: Commission of the European Communities v French Republic (Social security — Financing — Legislation applicable)

29.4.2000                 EN                     Official Journal of the European Communities                                                C 122/3
                   JUDGMENT OF THE COURT                                    2. An undertaking engaged in providing temporary personnel
                                                                                 normally carries on its activities in the Member State in which it
                                                                                 is established if it habitually carries on significant activities in
                         of 10 February 2000                                     that State.
                                                                            3. Article 11(1)(a) of Regulation (EEC) No 574/72 of the Council
in Case C-202/97 (reference for a preliminary ruling from                        of 21 March 1972 laying down the procedure for implementing
the Arrondissementsrechtbank te Amsterdam): Fitzwil-                             Regulation No 1408/71, in the version codified by Regulation
liam Executive Search Ltd, trading under the name of                             No 2001/83 and as updated at the time of the events in
‘Fitzwilliam Technical Services (FTS)’ v Bestuur van het                         question, is to be interpreted as meaning that a certificate issued
         Landelijk Instituut Sociale Verzekeringen (1)                           by the institution designated by the competent authority of a
                                                                                 Member State is binding on the social security institutions of
(Social security for migrant workers — Determination of                          other Member States in so far as it certifies that workers posted
the legislation applicable — Temporary workers posted to                         by an undertaking providing temporary personnel are covered by
                        another Member State)                                    the social security system of the Member State in which that
                                                                                 undertaking is established. However, where the institutions of
                                                                                 other Member States raise doubts as to the correctness of the
                            (2000/C 122/04)                                      facts on which the certificate is based or as to the legal assessment
                                                                                 of those facts and, consequently, as to the conformity of
                                                                                 the information contained in the certificate with Regulation
                                                                                 No 1408/71 and in particular with Article 14(1)(a) thereof,
                      (Language of the case: Dutch)                              the issuing institution must re-examine the grounds on which
                                                                                 the certificate was issued and, where appropriate, withdraw it.
(Provisional translation; the definitive translation will be published      (1) OJ C 212 of 12.7.1997.
                     in the European Court Reports)
In Case C-202/97: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Arrondissements-
rechtbank te Amsterdam, (Netherlands) for a preliminary
ruling in the proceedings pending before that court between
Fitzwilliam Executive Search Ltd, trading under the name of                                    JUDGMENT OF THE COURT
‘Fitzwilliam Technical Services (FTS)’ and Bestuur van het
Landelijk Instituut Sociale Verzekeringen — on the interpret-                                        of 15 February 2000
ation of Article 14(1)(a) of Regulation (EEC) No 1408/71 of
the Council of 14 June 1971 on the application of social
                                                                            in Case C-34/98: Commission of the European Communi-
security schemes to employed persons, to self-employed
                                                                                                  ties v French Republic (1)
persons and to members of their families moving within the
Community and of Article 11(1) (a) of Regulation (EEC)
No 574/72 of the Council of 21 March 1972 laying down the                      (Social security — Financing — Legislation applicable)
procedure for implementing Regulation No 1408/71, in the
versions codified by Council Regulation (EEC) No 2001/83 of                                             (2000/C 122/05)
2 June 1983 (OJ 1983 L 230, p. 6) and as updated at the
time of the events in question — the Court, composed of:
G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida,                                    (Language of the case: French)
L. Sevón, R. Schintgen (Presidents of Chambers), P.J.G. Kap-
teyn, C. Gulmann, J.-P. Puissochet, G. Hirsch (Rapporteur) and
M. Wathelet, Judges; F.G. Jacobs, Advocate General; H.A. Rühl,              (Provisional translation; the definitive translation will be published
Principal Administrator, for the Registrar, has given a judgment                                 in the European Court Reports)
on 10 February 2000, in which it has ruled:
                                                                            In Case C-34/98: Commission of the European Communities
1. Article 14(1)(a) of Regulation (EEC) No 1408/71 of the                   (Agents: P Hillenkamp and H. Michard) v French Republic
     Council of 14 June 1971 on the application of social security          (Agents: K. Rispal-Bellanger and C. Chavance) — application
     schemes to employed persons, to self-employed persons and to           for a declaration that, by applying the social debt repayment
     members of their families moving within the Community, in the          contribution to the employment income and substitute income
     version codified by Council Regulation (EEC) No 2001/83 of             of employed and self-employed persons resident in France but
     2 June 1983, and as updated at the time of the events in               working in another Member State who, by virtue of Council
     question, is to be interpreted as meaning that, in order to benefit    Regulation (EEC) No 1408/71 of 14 June 1971 on the appli-
     from the advantage afforded by that provision, an undertaking          cation of social security schemes to employed persons, to
     engaged in providing temporary personnel which, from one               self-employed persons and to members of their families
     Member State, makes workers available on a temporary basis to          moving within the Community, as amended and updated by
     undertakings based in another Member State must normally               Council Regulation (EC) No 118/97 of 2 December 1996 (OJ
     carry on its activities in the first State.                            1997 L 28, p. 1), are not subject to French social security
 ---pagebreak--- C 122/4                   EN                    Official Journal of the European Communities                                           29.4.2000
legislation, the French Republic has failed to fulfil its obli-            who, by virtue of Council Regulation (EEC) No 1408/71 of
gations under Articles 48 and 52 of the EC Treaty (now, after              14 June 1971 on the application of social security schemes to
amendment, Articles 39 EC and 43 EC) and Article 13 of the                 employed persons, to self-employed persons and to members
said regulation — the Court, composed of: G.C. Rodrı́guez                  of their families moving within the Community, as amended
Iglesias, President, J.C. Moitinho de Almeida (Rapporteur),                and updated by Council Regulation (EC) No 118/97 of
D.A.O. Edward, L. Sevón, R. Schintgen (Presidents of Cham-                2 December 1996 (OJ 1997 L 28, p. 1), are not subject to
bers), C. Gulmann, J.-P. Puissochet, G. Hirsch, P. Jann, H. Rag-           French social security legislation, the French Republic has
nemalm and M. Wathelet, Judges; A. La Pergola, Advocate                    failed to fulfil its obligations under Articles 48 and 52 of the
General ; H. von Holstein, Deputy Registrar, has given a                   EC Treaty (now, after amendment, Articles 39 EC and 43 EC)
judgment on 15 February 2000, in which it:                                 and Article 13 of the said regulation — the Court, composed
                                                                           of: G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida
1. Declares that, by applying the social debt repayment contribution       (Rapporteur), D.A.O. Edward, L. Sevón, R. Schintgen (Presi-
    to the employment income and substitute income of employed             dents of Chambers), C. Gulmann, J.-P. Puissochet, G. Hirsch,
    and self-employed persons resident in France but working in            P. Jann, H. Ragnemalm and M. Wathelet, Judges; A. La Pergola,
    another Member State who, by virtue of Council Regulation              Advocate General; H. von Holstein, Deputy Registrar, has given
    (EEC) No 1408/71 of 14 June 1971 on the application of                 a judgment on 15 February 2000, in which it:
    social security schemes to employed persons, to self-employed
    persons and to members of their families moving within the             1. Declares that, by applying the general social contribution to the
    Community, as amended and updated by Council Regulation                     employment income and substitute income of employed and
    (EC) No 118/97 of 2 December 1996, are not subject to French                self-employed persons resident in France but who, by virtue of
    social security legislation, the French Republic has failed to fulfil       Council Regulation (EEC) No 1408/71 of 14 June 1971 on
    its obligations under Article 13 of that regulation and under               the application of social security schemes to employed persons, to
    Articles 48 and 52 of the EC Treaty (now, after amendment,                  self-employed persons and to members of their families moving
    Articles 39 EC and 43 EC);                                                  within the Community, as amended and updated by Council
                                                                                Regulation (EC) No 118/97 of 2 December 1996, are not
2. Orders the French Republic to pay the costs.                                 subject to French social security legislation, the French Republic
                                                                                has failed to fulfil its obligations under Article 13 of that
                                                                                regulation and under Articles 48 and 52 of the EC Treaty (now,
(1) OJ C 94 of 28.3.1998.                                                       after amendment, Articles 39 EC and 43 EC);
                                                                           2. Orders the French Republic to pay the costs.
                                                                           (1) OJ C 278 of 5.9.1998.
                  JUDGMENT OF THE COURT
                         of 15 February 2000
in Case C-169/98: Commission of the European Communi-                                           ORDER OF THE COURT
                      ties v French Republic (1)
                                                                                                     (Third Chamber)
   (Social security — Financing — Legislation applicable)
                                                                                                  of 16 December 1999
                           (2000/C 122/06)
                                                                           in Case C-170/99 P, Clauni SA and Others v Commission
                                                                                           of the European Communities (1)
                     (Language of the case: French)
                                                                           (Partly manifestly inadmissible and partly manifestly
                                                                                                    unfounded appeal)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                                                      (2000/C 122/07)
In Case C-169/98: Commission of the European Communities
(Agents: P. Hillenkamp and H. Michard) v French Republic
                                                                                                (Language of the case: French)
(Agents: K. Rispal-Bellanger and C. Chavance) — application
for a declaration that, by applying the general social contri-
bution to the employment income and substitute income of                   In Case C-170/99 P, Clauni SA, established at Le Passage
employed and self-employed persons resident in France but                  (France), Jean-Marie Bissières, residing at La Croix Blanche