Portable document A1 -a particular interpretation

The French Centre of European and International Liaisons for Social Security (CLEISS) makes available on its website, information on the coordination of social security systems, in the light of Regulation 883/2004 and its implementing Regulation 983/2009. In regard to the exemptions provided for by Article 16 Regulation 883/2004, the following interpretation is addressed: “The exceptional…

Atypical “posting arrangements” covered by the Posting of Workers Directive and protected by the freedom to provide services

In his Opinion delivered on 26 April 2018 (C-18/17), Advocate General Wahl. clarifies the relevance of the European Law in determining the rules applicable to atypical “posting arrangements”. The case in the main proceedings An undertaking established in Italy (D1) has concluded a contract of provision of services with an Austrian undertaking. To provide the…

Posting of Workers Directive- “high frequency” cross-border workers

In Michael Dobersberger (C-16/18), the Administrative Court of Austria seeks clarity on the interpretation and enforcement of the Posting of Workers Directive. The case in the main proceedings In performance of a contract entered with the Austrian Federal Railways (OBB), D GmbH an Austrian company provides on-board services (preparation and sale of food and drink),…

Unmarried partners of ‘returning’ Union Citizens

“With regard to who is effectively ‘close’ to a person, formal box-based generalisations are hardly appropriate” In his Opinion delivered on 10 April [Secretary of State for the Home Department v Rozanne Banger(C-89/17)]., Advocate General Bobek takes a step forward on the path to enhance unmarried partners’ entry and residence rights. The dispute in the…

Short-stay Schengen -practical to know-insights & perspectives

Is there a right to a short stay visa under the EU law? In a recent judgment (C‑403/16), the European Court of Justice has upheld the rights determined by the EU law in the context of short stay visa applications. The judgment has confirmed that the Member States competent authorities may refuse to issue a…

SINGLE PERMIT- latest news

A bill approving the cooperation agreement between the federal state and the regions coordinating policies on granting the “single permit”, was brought to the Belgian Chamber of Representatives. Scope The cooperation agreement aims inter alia: To set up a single procedure, allows the issuance of a single administrative act, determines right of stay for the…

The retroactive effect of a portable document A1 and the “non-replacement condition”

In his opinion delivered on 31 January 2018 (C-527/16), Advocate General Saugmandsgaard Øe addresses issues related to the coordination of the social security systems, pursuant to Regulation 883/2004 and its implementation Regulation 987/2009. The dispute in the main proceedings concerns the determination of the social security legislation applicable to workers posted by two Hungarian undertakings…

Unlimited stay, opportunity or warning light?

Third-country nationals, posted to Belgium, can be authorised to stay for an unlimited period. Practically, the Immigration Office, based on its discretionary power, issues to long-term posted workers, residence permits type B, valid five years. Such authorisation can be considered on the one hand as a warning light and on the other hand as an…

Married under the EU Law

In his Opinion delivered on 11 January 2018 (C‑673/16), Advocate General Wathelet brought a detailed analysis of the concept of “spouse” within the meaning of Directive 2004/38 in the context of a marriage between two men, and strengthened the right to freedom of movement of Union citizens. The situation at issue in the main proceedings…