Order of the Court (Tenth Chamber) of 3March 2021– Koppány 2007
(Case C‑523/20)(1)
(Reference for a preliminary ruling– Article99 of the Rules of Procedure of the Court of Justice– Social security– Regulation (EU) No1231/2010– Applicable legislation– A1 certificate– Article1– Extension of A1 certificate to nationals of third countries residing legally in the territory of a Member State– Legal residence– Concept)
Social security– Migrant workers– EU rules– Scope ratione personae– Broadening to include third-country nationals who are not covered by those rules due to their nationality– Condition– Legal residence– Concept– Scope– Third-country nationals temporarily residing legally in a Member State and working lawfully in various Member States for an employer established in the first Member State– Included– Determination of the social security legislation according to the rules of EU law
(European Parliament and Council Regulations No883/2004, No987/2009 and No1231/2010, Recitals10 and 11 and Art. 1)
(see paras 23-29, 31, 32, operative part)
Operative part
Article1 of Regulation (EU) No1231/2010 of the European Parliament and of the Council of 24November 2010 extending Regulation (EC) No883/2004 and Regulation (EC) No987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality, must be interpreted as meaning that nationals of third countries who reside temporarily and have a residence permit in a Member State, and who have a document stating their place of accommodation issued by the immigration authority and work in different Member States for an employer established in that Member State, may rely on the coordination rules laid down by Regulation (EC) No883/2004 of the European Parliament and of the Council of 29April 2004 on the coordination of social security systems, as amended by Regulation (EU) No465/2012 of the European Parliament and of the Council of 22May 2012, and Regulation (EC) No987/2009 of the European Parliament and of the Council of 16September 2009 laying down the procedure for implementing Regulation No883/2004, in order to determine the social security legislation to which they are subject, provided that they are legally residing and working in the territory of the Member States.
1 OJ C 28, 25.1.2021.