Employment & Labor

#E2025P0026EFTA Court asked to clarify social security rules for mixed work in Liechtenstein and another EEA state

🇪🇺European Union··Other·Low Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

This notice does not change the law. It records a request for the EFTA Court to clarify how EU/EEA social security rules apply when a person works both as a self-employed person in one state and in a small political or public role in their state of residence. The practical issue is whether that small paid role should be ignored as "marginal" when deciding which country's social insurance rules apply, and whether a person who already gets an old-age pension at home must still pay compulsory social insurance in the state where the self-employed work continues. This mainly matters for cross-border workers, pensioners who keep working, and the agencies that collect social contributions.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Asks the EFTA Court to define when a small paid public or political role counts as marginal for social security coordination.
  • Seeks clarification on which country's social insurance rules apply to a person who is self-employed in one state and has a minor employed role in their home state.
  • Raises whether receiving a pension in the residence state still leaves the person subject to compulsory social insurance in the state where self-employed work continues.

Obligations

What this law requires

medium

This EFTA Court request asks whether Article 14(5b) of Regulation (EC) No 987/2009 requires marginal political activities in the state of residence to be disregarded when determining applicable social security legislation under Article 13 of Regulation (EC) No 883/2004, or whether additional criteria (such as duration, importance, place, actual performance, or manner of appointment) must also be considered.

EFTA Courtnational social security institutionscross-border social security administrators
operational
medium

The request raises whether income from a political activity in the state of residence that is less than 0.5% of the income from self-employed activity in another Member State is sufficient to classify that political activity as marginal for conflict-of-law purposes.

national social security institutionscross-border workers
operational
high

The request also asks whether a person who already receives an old-age pension in the state of residence must still be subject to compulsory social insurance in the Member State where self-employed activity continues to be pursued, under Article 34(1)(b) and (2)(b) AHVG read together with Articles 13(4) and (5) of Regulation (EC) No 883/2004.

insured personssocial insurance authorities
operational
high

The national measure under challenge is Article 34(1)(b) and (2)(b) of the Liechtenstein Old-Age and Survivors Insurance Act (AHVG), insofar as it is said to require continued compulsory social insurance for a pensioner with ongoing self-employed activity abroad.

Liechtenstein social insurance authoritiescourts applying AHVG
operational
low

This notice itself does not alter the applicable law; it is only a request for an advisory opinion and therefore does not impose a new compliance duty by itself.

all entities subject to EU/EEA social security coordination rules
operational

Affected Parties

Cross-border self-employed workersPeople receiving a pension while still working+1 more…

Tags

social security,cross-border work,EFTA Court