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Case C-570/15: Judgment of the Court (Third Chamber) of 13 September 2017 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — X v Staatssecretaris van Finaciën (Reference for a preliminary ruling — Application of social security schemes — Migrant workers — Determination of the applicable legislation — Regulation (EEC) No 1408/71 — Article 14(2)(b)(i) — Person normally employed in the territory of two or more Member States — Person employed in one Member State and who pursues part of his activities in the Member State of his residence)

ECLI:EU:UNKNOWN:62015CA0570

62015CA0570

September 13, 2017
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Official Journal of the European Union

C 382/8

(Case C-570/15) (<span class="super note-tag">1</span>)

((Reference for a preliminary ruling - Application of social security schemes - Migrant workers - Determination of the applicable legislation - Regulation (EEC) No 1408/71 - Article 14(2)(b)(i) - Person normally employed in the territory of two or more Member States - Person employed in one Member State and who pursues part of his activities in the Member State of his residence))

(2017/C 382/08)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: X

Defendant: Staatssecretaris van Finaciën

Operative part of the judgment

Article 14(2)(b)(i) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 592/2008 of the Parliament and of the Council of 17 June 2008, must be interpreted as meaning that a person, such as the one in question in the main proceedings, who is employed by an employer established in the territory of one Member State and who resides in another Member State where he carried out, over the course of the past year, a part of his employment activity amounting to 6,5 % of his hours worked without such an arrangement having been agreed with his employer in advance, is not to be considered to be normally employed in the territory of two Member States, within the meaning of that provision.

(<span class="note">1</span>) OJ C 38, 1.2.2016.

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