Overview of recent cases before the Court of Justice of the European Union (January–June 2023)
| Published date | 01 September 2023 |
| DOI | http://doi.org/10.1177/13882627231200355 |
| Author | Pauline Melin,Susanne Sivonen |
| Date | 01 September 2023 |
| Subject Matter | Case Law Reports |
Overview of recent cases before
the Court of Justice of the
European Union (January–June
2023)
Pauline Melin and Susanne Sivonen
Maastricht University, Maastricht, Limburg, Netherlands
Abstract
In this casenote, the judgments in DRV Intertrans and Verbraeken (Joined Cases C-410/21 and C-661/21)
and Thermalhotel Fontana (Case C-411/22) are discussed. DRV Intertrans and Verbraeken concerned a
case of alleged fraudulent A1 certificates for posted workers. The issue was that those A1 certificates
were only provisionally, as opposed to definitively, withdrawn by the issuing institution. As a result, the
referring court in DRV Intertrans and Ver br ake n asked the Court of Justice whether the courts of the
Member State where the work was carried out could consider the provisional withdrawal of the A1
certificates by the issuing institution as rendering those A1 certificate non-binding. Alternatively, the
referring court asked whether it could disregard those A1 certificates following the Altun jurisprudence
of the Court of Justice. Thermalhotel Fontana involved isolation measures being imposed on frontier
workers by their Member State of residence, making them unable to work. The specific legal issue
at hand in Thermalhotel Fontana concerned the fact that the employer of those frontier workers
was not able to get compensation from Austria, the Member State of establishment, for his employees
due to the fact that the isolation measures were not taken by Austria but by the Member States of
residence of the frontier workers. Considering that this case did not fall within the scope of
Regulation 883/2004, the Court examined it under the principle of equal treatment of EU workers.
Keywords
A1 certificate, binding effect, posted workers, fraud, Covid-19, sickness benefits, free movement
of workers
Corresponding author:
Pauline Melin, Maastricht University, Bouillonstraat 1-3, 6211 LH, Maastricht, Limburg 6200 MD, Netherlands.
Email: pauline.melin@outlook.com
Case Law Reports
European Journal of Social Security
2023, Vol. 25(3) 288–295
© The Author(s) 2023
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DOI: 10.1177/13882627231200355
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