Judgment_paragraph 29 · Institut national d'assurances sociales pour travailleurs indépendants (Inasti) v Claude Hervein and Hervillier SA and Guy Lorthiois and Comtexbel SA (C-393/99, C-394/99)

29Inasti and the Belgian Government submit inter alia that application of Article 14c(b) of Regulation No 1408/71 should result in identical treatment of all workers who are self-employed in Belgium, whether they are also in paid employment in Belgium or in another Member State. They are all affiliated to social insurance schemes for self-employed persons in Belgium on the same terms. The principles which the Court applied in its judgments in Case 143/87 Stanton [1988] ECR 3877 and Joined Cases 154/87 and 155/87 Wolf and Others [1988] ECR 3897, according to which a person who is self-employed in one Member State must, if he is also in paid employment, be treated in the same way whether that paid employment is in the same State or in another Member State, have thus been respected. Those judgments laid down an obligation of nondiscrimination but did not in any way preclude the applicability of two social security regimes at the same time. Moreover, the situation covered by Article 14c(b) is different from that which gave rise to the judgment in Case C-53/95 Kemmler [1996] ECR I-703, in which the Court held that a Member State could not require contributions to be made to the social security scheme for self-employed persons by persons already working as self-employed persons in another Member State where they have their habitual residence and are affiliated to a social security scheme, that obligation affording them no additional social security cover, as that was a situation in which a worker was self-employed in two Member States rather than self-employed in one and in paid employment in the other.

Institut national d'assurances sociales pour travailleurs indépendants (Inasti) v Claude Hervein and Hervillier SA and Guy Lorthiois and Comtexbel SA (C-393/99, C-394/99)

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