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2018-02 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2018)

handle is hein.intyb/rcbjcofi0400 and id is 1 raw text is: VRw Reports of Cases OPINION OF ADVOCATE GENERAL SAUGMANDSGAARD OE delivered on 9 November 2017' Case C-359/16 Omer Altun, Abubekir Altun, Sedrettin Maksutogullari, Yunus Altun, Absa NV, M. Sedat BVBA, Alnur BVBA V Openbaar Ministerie (Request for a preliminary ruling from the Hof van Cassatie (Court of Cassation, Belgium)) (Reference for a preliminary ruling - Migrant workers - Social security - Legislation applicable - Regulation (EEC) No 1408/71 - Article 14(1)(a) - Posted workers - Regulation (EEC) No 574/72 - Article 11(1) - E 101 certificate - Binding nature - Certificate obtained or invoked fraudulently) I. Introduction 1. 'A right ends where abuse begins'. That maxim used by the professor of French law Marcel Ferdinand Planiol2 illustrates well the issue facing the Hof van Cassatie (Court of Cassation, Belgium) in the present case, which is one of a series that has given rise to a now well-established body of case-law on the binding nature of the E 101 certificate, which certifies that a worker moving within the European Union is covered by the social security scheme of the Member State to which the issuing institution belongs.' 1 Original language: French. 2 Planiol, M., Traiti ildmentaire de droit civil, Volume two, ninth edition, Libraire g6ndrale de droit & de jurisprudence, Paris, 1923, p. 287. 3 The E 101 certificate, entitled 'statement of applicable legislation', is a standard form drawn up by the Administrative Commission on Social Security for Migrant Workers ('the Administrative Commission'). See Decision No 202 of the Administrative Commission of 17 March 2005 on model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 001, E 101, E 102, E 103, E 104, E 106, E 107, E 108, E 109, E 112, E 115, E 116, E 117, E 118, E 120, E 121, E 123, E 124, E 125, E 126, E 127) (2006/203/EC) (OJ 2006 L 77, p. 1). As from 1 May 2010, the E 101 certificate became the Al portable document, governed by Regulations (EC) Nos 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1) and 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 (OJ 2009 L 284, p. 1). ECLJ:EU:C:2017:8501 1

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