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A. J. M. Van Roosmalen v. Bestuur van de Bedrijfsvereniging voor de Gezondheid, Geestelijke en Maatschappelijke Belangen, Case C-300/84, CJEU, 23 October 1986

Type Judgment
Case number C-300/84


Application of social security schemes to workers and their families moving within the community. Free movement of persons.

Normative references

Regulation (EEC) no. 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community.


1. The notion of "self-employed workers" within the meaning of Community law applies to persons who, regardless of the employment contract or business activity, carry out or have carried out an employment activity receiving services that allow them to meet, in whole or in part, their own needs, even if these services are paid by third party beneficiaries of the activity in question. 

2. In determining the scope of the term "legislation of a Member State", importance must be attached not to the criterion of the place where the work was carried out, but to that constituted by the relationship between the worker, regardless of the place in which the work was carried out. he carries out his activity, to a social security scheme of a Member State in which he has completed periods of insurance. Since the criterion for the application of regulation no. 1408/71 is the connection of the insured to a social security scheme of a Member State, it is irrelevant that the insured has carried out, partially or exclusively, his activities outside the territory of the Member States of the Community (today EU).