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DOI: 10.5553/EELC/187791072023008004014

European Employment Law CasesAccess_open
Rulings

ECJ 16 November 2023, case C-415/22 (Acerta and Others), Social Insurance

JD – v – Acerta, Inasti, Belgian State, Belgian case
Keywords Social Insurance
DOI 10.5553/EELC/187791072023008004014
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, "ECJ 16 November 2023, case C-415/22 (Acerta and Others), Social Insurance", European Employment Law Cases, 4, (2023):192-192
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    National legislation of a Member State which subjects the income of an EU official who has remained in the service of an institution until pensionable age and who pursues a self-employed professional activity in that Member State to the social security scheme of that State infringes the exclusive competence of the EU to determine the rules applicable to EU officials as regards their social security obligations.

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    • Summary

      National legislation of a Member State which subjects the income of an EU official who has remained in the service of an institution until pensionable age and who pursues a self-employed professional activity in that Member State to the social security scheme of that State infringes the exclusive competence of the EU to determine the rules applicable to EU officials as regards their social security obligations.

    • Question

      Must Article 14 of the Protocol (No 7) on the privileges and immunities of the European Union and the provisions of the Staff Regulations, in particular Article 72 thereof, be interpreted as precluding the compulsory affiliation, under the scheme of a Member State, to the social security scheme of that State of an EU official who has remained in the service of an institution of the European Union until pensionable age and who pursues a self-employed professional activity in the territory of that Member State?

    • Ruling

      Article 14 of the Protocol (No 7) on the privileges and immunities of the European Union and the provisions of the Staff Regulations, in particular Article 72 thereof, must be interpreted as precluding the compulsory affiliation, under the legislation of a Member State, to the social security schema of that State of an EU official who has remained in the service of an EU institution until pensionable age and who pursues a self-employed professional activity in the territory of that Member State.


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