Language of document :

Judgment of the Court (Grand Chamber) of 16 July 2020 (request for a preliminary ruling from the Centrale Raad van Beroep – Netherlands) – AFMB Ltd and Others v Raad van bestuur van de Sociale verzekeringsbank

(Case C-610/18) 1

(Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EEC) No 1408/71 – Article 14(2)(a) – Concept of ‘person who is a member of the travelling personnel of an undertaking’ – Regulation (EC) No 883/2004 – Article 13(1)(b) – Concept of ‘employer’ – Long-distance lorry drivers normally employed in one or more Member States or States of the European Free Trade Association (EFTA) – Long distance lorry drivers who have entered into an employment contract with one undertaking but are in fact subject to the authority of another undertaking established in the Member State where those drivers reside – Determination of which undertaking is the ‘employer’)

Language of the case: Dutch

Referring court

Centrale Raad van Beroep

Parties to the main proceedings

Applicants: AFMB Ltd and Others

Defendant: Raad van bestuur van de Sociale verzekeringsbank

Operative part of the judgment

Article 14(2)(a) of Regulation (EEC) No 1408/71 of the Council 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, in the version as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 631/2004 of the European Parliament and of the Council of 31 March 2004, and Article 13(1)(b)(i) 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, must be interpreted as meaning that the employer of an international long-distance lorry driver, for the purposes of those provisions, is the undertaking which has actual authority over that long-distance lorry driver, which bears, in reality, the costs of paying his or her wages, and which has the actual power to dismiss him or her, and not the undertaking with which that long-distance lorry driver has concluded an employment contract and which is formally named in that contract as being the employer of that driver.

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1 OJ C 455, 17.12.2018.