Source: All England Reporter
Publisher Citation: [2009] All ER (D) 159 (Nov)
Court: Court of Justice of the European Communities (Fourth Chamber)
Judge:

Judges Lenaerts (President of the Third Chamber, acting as President of the Fourth Chamber), Juhasz (Rapporteur), Arestis, Malenovsky and von Danwitz

Judgment Dates: 12 November 2009

Catchwords

European Community - Freedom of movement - Persons - Workers - Member of managing board of company limited by shares governed by Swiss law - Applicant director of branch in Germany - Compulsory membership of German pension insurance scheme - Exemption from that obligation for members of managing boards of companies limited by shares governed by German law - Whether provisions of relevant Agreement precluding certain rules.

The Case

European Community Freedom of movement. The Court of Justice of the European Communities gave a preliminary ruling concerning the interpretation of arts1, 5, 7 and 16 of the Agreement between the European Community and its member states, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, in the course of proceedings concerning the compulsory membership of a German pension insurance scheme for a member of a managing board of a company limited by shares governed by Swiss law, who was a director in Germany, of a branch of the company.

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