Social Security for migrant workers: casual work in a Member State other than the State of residence and right to the benefits. Judgment of the Court of Justice of the European Union (Fourth Chamber) 23 April 2015 (Case C-382/13)

Abstract

Article 13(2)(a) of Regulation (EEC) No 1408/71, which forms part of Title II thereof, entitled "Determination of the legislation applicable", states: "a person employed in the territory of one Member State shall be subject to the legislation of that State even if he/she resides in the territory of another Member State or if the registered office or place of business of the undertaking or individual employing him/her is situated in the territory of another Member State". The mentioned article must be interpreted as meaning that a resident of a Member State, who comes within the scope of that regulation, as amended, and who works for several days per month on the basis of an on-call contract in the territory of another Member State, is subject to the legislation of the State of employment both on the days on which he/she performs the employment activities and on the days on which he/she does not. Furthermore, read in conjunction with Article 13(1) of that regulation, it must be interpreted as not precluding a migrant worker, who is subject to the legislation of the State of employment, from receiving, by virtue of national legislation of the Member State of residence, an old-age pension and family benefits from the latter State.