CELEX: 62009CA0296
Language: en
Date: 2010-12-09 00:00:00
Title: Case C-296/09: Judgment of the Court (Fourth Chamber) of 9 December 2010 (reference for a preliminary ruling from the Hof van Cassatie van België — Belgium) — Vlaamse Gemeenschap v Maurits Baesen (Social security — Regulation (EEC) No 1408/71 — Article 13(2)(d) — Concept of ‘persons treated as’ civil servants — Employment contract with a public authority)

19.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 55/11
            
         Judgment of the Court (Fourth Chamber) of 9 December 2010 (reference for a preliminary ruling from the Hof van Cassatie van België — Belgium) — Vlaamse Gemeenschap v Maurits Baesen
   (Case C-296/09) (1)
   
   (Social security - Regulation (EEC) No 1408/71 - Article 13(2)(d) - Concept of ‘persons treated as’ civil servants - Employment contract with a public authority)
   2011/C 55/17
   Language of the case: Dutch
   
      Referring court
   
   Hof van Cassatie van België
   
      Parties to the main proceedings
   
   
      Applicant: Vlaamse Gemeenschap
   
      Defendant: Maurits Baesen
   
      Re:
   
   Reference for a preliminary ruling — Hof van Cassatie van België — Interpretation of Article 13(2)(a) and (d) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community (OJ, English Special Edition 1971(II), p. 416.) — Civil servants and persons treated as such — Concept — Person who has concluded an employment contract with a public authority
   
      Operative part of the judgment
   
   The meaning of ‘civil servants’ and ‘persons to be treated as such’, as referred to in Article 13(2)(d) 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, as amended by Council Regulation (EEC) No 1390/81 of 12 May 1981, is to be determined solely by reference to the national law of the Member State to which the administration employing the person concerned is subject and a person in the situation of the respondent in the main proceedings, who, in a Member State, is subject partly to the social security scheme for civil servants and partly to the social security scheme for employed persons, may thus be subject, in accordance with the provision made by Article 13(2)(d) of Regulation No 1408/71, only to the legislation of the Member State to which the administration employing that person is subject.
   
      (1)  OJ C 267, 7.11.2009.