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Case C-356/15: Judgment of the Court (Fifth Chamber) of 11 July 2018 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Social security — Regulation (EC) No 883/2004 — Articles 11 and 12 and Article 76(6) — Regulation (EC) No 987/2009 — Article 5 — Posting of workers — Affiliation to a social security scheme — Combating fraud — A1 Certificate — Refusal of recognition by the Member State where the professional activity is carried out in the event of fraud or abuse)
ECLI:EU:UNKNOWN:62015CA0356
62015CA0356
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10.9.2018
Official Journal of the European Union
C 319/2
(Case C-356/15) (<span class="super note-tag">1</span>)
((Failure of a Member State to fulfil obligations - Social security - Regulation (EC) No 883/2004 - Articles 11 and 12 and Article 76(6) - Regulation (EC) No 987/2009 - Article 5 - Posting of workers - Affiliation to a social security scheme - Combating fraud - A1 Certificate - Refusal of recognition by the Member State where the professional activity is carried out in the event of fraud or abuse))
(2018/C 319/02)
Language of the case: French
Parties
Applicant: European Commission (represented by: D. Martin, acting as Agent)
Defendant: Kingdom of Belgium (represented by: L. Van den Broeck and M. Jacobs, acting as Agents, and by P. Paepe, avocat)
Intervener in support of the applicant: Ireland (represented by: E. Creedon, M. Browne, G. Hodge and A. Joyce, acting as Agents, and by C. Toland, Barrister-at-Law)
Operative part of the judgment
The Court:
1.Declares that, by adopting Articles 23 and 24 of the Programme Law of 27 December 2012, the Kingdom of Belgium has failed to fulfil its obligations under Article 11(1), Article 12(1) and Article 76(6) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as amended by Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012, and under Article 5 of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation No 883/2004;
2.Dismisses the action as to the remainder;
3.Orders the Kingdom of Belgium to pay the costs.
(<span class="note">1</span>) OJ C 302, 14.9.2015.