Summary

In order to determine the social security legislation to which an employee is subject, all the activities that the employee pursues must be taken into account, including activities pursued in third countries.

Question

Must Article 13(1) of Regulation No 883/2004, read in conjunction with Article 14(8) of Regulation No 987/2009 be interpreted as meaning that, for the purpose of determining whether a person who pursues an activity as an employed person in several Member States, including his or her Member State of residence, and in several third countries, is pursuing a substantial part of that activity in his or her Member State of residence, within the meaning of Article 13(1) of Regulation No 883/2004, it is necessary to take into consideration only the activity pursued by that person as an employed person in the Member States or also the activity pursued in third countries?

Ruling

Article 13(1) of Regulation No 883/2004, read in conjuction with Article 14(8) of Regulation No 987/2009 must be  interpreted as meaning that, for the purpose of determining whether a person who pursues an activity as an employed person in several Member States, including his or her Member State of residence, and in several third countries, is pursuing a substantial part of that activity in his or her Member State of residence, within the meaning of Article 13(1), it is necessary to take into consideration not only the activity pursued by that person as an employed person in the Member States but also the activity pursued in third countries.