Judgment_paragraph 108 · European Commission v Republic of Austria (C-328/20)

108Next, freedom of movement for workers within the European Union is based on a number of principles, including the principle of equal treatment. Its implementation in the field of social security is, moreover, ensured by EU legislation which is based, inter alia, on the principle that the legislation of a single Member State is to apply in that field. That principle, laid down in Article 11(1) of Regulation No 883/2004, seeks to eliminate unequal treatment which, for workers moving within the European Union, would be the consequence of a partial or total overlapping of the applicable legislation. Thus, in accordance with Article 11(3) of that regulation, in order to guarantee the equality of treatment of all persons occupied in the territory of a Member State as effectively as possible, a person who is employed or self-employed in a Member State is subject, as a general rule, to the legislation of that Member State and, in accordance with Article 4 of that regulation, is to enjoy the same benefits there as the nationals of that State.

European Commission v Republic of Austria (C-328/20)

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