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Case C-245/09: Reference for a preliminary ruling from the Arbeidshof te Brussel (Belgium), lodged on 6 July 2009 — Omalet NV v Rijksdienst voor Sociale Zekerheid
ECLI:EU:UNKNOWN:62009CN0245
62009CN0245
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Valentina R., lawyer
12.9.2009
Official Journal of the European Union
C 220/21
(Case C-245/09)
(2009/C 220/42)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Omalet NV
Respondent: Rijksdienst voor Sociale Zekerheid
Questions referred
1.Must a national court apply Article 49 EC to a dispute between the Rijksdienst voor Soziale Zekerheid and a principal contractor established in Belgium, where judgment is sought against that principal contractor pursuant to Article 30a(3) of the Law of 27 June 1969 amending the Decree-Law of 28 December 1944 on social security for employed persons (in the version applicable prior to the amendment of that article by Article 55 of the Programme Law of 27 April 2007) as being jointly and severally liable for a portion of the debts of a subcontractor who is unregistered and established in Belgium, or where judgment is sought against that principal contractor because he has not complied with the withholding obligation laid down by Article 30[a](4) of the Law?
2.(In the alternative): Is Article 49 EC incompatible with a rule such as that laid down by Article 30a(3) and (4) of the Belgian Law of 27 June 1969 amending the Decree-Law of 28 December 1944 on social security for employed persons (in the version applicable prior to the amendment [of] that article by Article 55 of the Programme Law of 27 April 2007)?