Partena ASBL v Les Tartes de Chaumont-Gistoux SA.
Date: 2012-09-27
30. According to settled case-law (see, inter alia, Case C-489/09 Vandoorne  [2011] ECR I-225, paragraph 25 and the case-law cited), the Court has jurisdiction to provide the national court with all the criteria for the interpretation of European Union law which may enable it to assess whether a provision of national law is compatible with European Union law in order to give judgment in the proceedings before it.
45. In that regard, it should be borne in mind that, according to settled case-law, the objective of the provisions of Title II of Regulation No 1408/71, which determine the legislation applicable to workers moving within the European Union, is to ensure, in particular, that the persons concerned are, in principle, subject to the social security scheme of only one Member State in order to prevent more than one system of national legislation from being applicable and to avoid the complications which may result from that situation. That principle is expressed, in particular, in Article 13(1) of Regulation No 1408/71 (see, inter alia,  June 2012 in Joined Cases C-611/10 and C-612/10 Hudzinski and Wawrzyniak [2012] ECR, paragraph 41).
46. It should also be borne in mind that the provisions of Regulation No 1408/71 must be interpreted in the light of the purpose of Article 48 TFEU, which is to contribute to the establishment of the greatest possible freedom of movement for migrant workers (see Hudzinski and Wawrzyniak , paragraph 53).
50. The concepts of ‘employed’ and ‘self-employed’ activity referred to in Article 13 et seq. of Regulation No 1408/71 refer to activities which are regarded as such for the purposes of the social security legislation of the Member State in whose territory those activities are pursued (see, inter alia, Case C-340/94 de Jaeck  [1997] ECR I-461, paragraph 34, and Case C-221/95 Hervein and Hervillier [1997] ECR I-609, paragraph 22).
55. As the Court has held in relation to Article 14d(2) of Regulation No 1408/71, that provision requires Member States to treat workers subject to the provisions of Article 14c(b) thereof without discrimination as compared with workers pursuing all their activities in a single Member State (see Case C-493/04 Piatkowski  [2006] ECR I-2369, paragraph 27).
56. For the purposes of interpreting the concept of ‘location’ as a concept of EU law, it should be borne in mind that, according to settled case-law, the meaning and scope of terms for which EU law provides no definition must be determined by considering their usual meaning in everyday language, while also taking into account the context in which they occur and the purposes of the rules of which they are part (see, inter alia, Case C-336/03 easyCar  [2005] ECR I-1947, paragraph 21 and the case-law cited).
59. Although EU law does not detract from the power of the Member States to organise their own social security systems and, in the absence of harmonisation at Community level, it is for the legislation of the Member State concerned to determine the conditions governing the right or duty to be insured with a social security scheme, it is nonetheless necessary, when the Member State concerned exercises that power, that it comply with EU law (see, inter alia, Piatkowski , paragraphs 32 and 33).