Overview of recent cases before the Court of Justice of the European Union (July – October 2018)
| Published date | 01 December 2018 |
| Date | 01 December 2018 |
| DOI | 10.1177/1388262718822554 |
| Subject Matter | Case commentary |
Case commentary
Overview of recent cases
before the Court of Justice
of the European Union
(July – October 2018)
Anne Pieter van der Mei
University of Maastricht, the Netherlands
Abstract
In the reporting period July-October 2018, the Court of Justice of the European Union (CJEU)
delivered three rulings (Alpenrind, Walltopia, and Commission v Belgium) concerning the conflict rule
for posted workers as contained in Article 12 of Regulation 883/2004. The CJEU clarified the
meaning of the ‘non-replacement condition’, the legal status of workers who are recruited for the
sole purpose of being posted to another Member State as well as procedural aspects relating to A1
certificates. In addition, the CJEU delivered judgments on the portability of personal care benefits
(A), the application of the prohibition of discrimination on grounds of disability to social security
provisions contained in collective agreements (Bedi) and the protection of supplementary pension
claims in the event of insolvency of the employer (Grenville Hampshire).
Keywords
posting, conflict rules, personal care benefits, supplementary pensions, disability
Posting
The non-replacement requirement: Alpenrind
Article 12(1) of Regulation 883/2004 provides for a special conflict rule for pos ted workers.
Unlike ‘ordinary’ workers, they are not subject to the legislation of the Member States where
they perform their activities (host State), but to the legislation of the State from which they are
sent (home State). The application of this special conflict rule is limited to a maximum duration
Corresponding author:
Anne Pieter van der Mei, Professor of European Social law, Department of Public Law, University of Maastricht, PO Box
616 6200 MD, the Netherlands.
Email: ap.vandermei@maastrichtuniversity.nl
European Journal of Social Security
2018, Vol. 20(4) 364–373
ªThe Author(s) 2019
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DOI: 10.1177/1388262718822554
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