Request for a preliminary ruling from the Landessozialgericht für das Saarland (Germany) lodged on 4 December 2023 – A v GKV-Spitzenverband

(Case C-743/23, GKV-Spitzenverband)

Language of the case: German

Referring court

Landessozialgericht für das Saarland

Parties to the main proceedings

Applicant: A

Defendant: GKV-Spitzenverband

Other interested party: Moguntia Food Group AG

Questions referred

Is Article 13(1) of Regulation No 883/2004 ¹ in conjunction with Article 14(8) of Regulation No 987/2009 ² be interpreted as meaning that, when assessing whether a substantial part of the activity is pursued in a Member State, all of the employee’s activities, including his or her activities in third countries, are to be taken into account?

Or is Article 13(1) of Regulation No 883/2004 in conjunction with Article 14(8) of Regulation No 987/2009 to be interpreted as meaning that, when assessing whether a substantial part of the activity is pursued in a Member State, only those activities of the employee which are pursued in Member States are to be taken into account?

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¹ Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 66, p. 1).

¹ Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ 2009 L 284, p. 1).