This document contains several case studies related to determining the applicable social security legislation for individuals in different cross-border situations between EU member states. The cases involve issues such as determining the applicable legislation for self-employed individuals working in multiple countries, employees of transport companies working in several countries, and situations involving periods of work, residence, and social security contributions across borders.

1. organising training and setting up networks on the
European Coordination of Social Security Schemes
in the 27 Member States
Seminar Slovenija
CASE STUDIES
Ljubljana, 19.4.2010

2. Applicable legislation
• X lives in country A (Austria) and is member of the
management board of three companies in the USA,
in MS A (Austria) and in MS B (Slovenia)
respectively. In the USA and MS A (Austria) he is
self-employed, in MS B (Slovenia) he is an
employee. Where is the person insured? What
happens if a bilateral treaty between MS A
(Austria) and the USA provides that a person who
performs activities in both states as self-employed
is subject for both activities to the legislation of the
State of residence?

3. Applicable legislation
• A transport company is established in MS A
(Slovenia). The employee lives in MS B (Hungary).
Every week he picks up goods in MS C (Austria) and
drives to MS D (Slovak R.). When he returns to MS C
(Austria) he picks up goods in MS B (Hungary) where
he stays approximately one day a week. Which
legislation is applicable? What happens in case the
route changes due to extensive long-term road
works in MS B (Hungary) and he now drives through
MS A (Slovenia) in order to avoid MS B (Hungary)?

4. Applicable legislation
• A bricklayer performs activities as a self-
employed person in MS A (Slovenia).
Sometimes during the weekend he renders
services for an agricultural company in MS B
(Austria). Which legislation is applicable? Is
posting possible?

5. Applicable legislation
• X lives in MS A (Slovenia) and works for
different employers. As employee she is
working for 20% of her time in MS A (Slovenia)
for a local employer, 20% in MS B (Italy) for a
local employer and 20% in MS C (Austria) for a
local employer. She is also performing
activities as self-employed for 40% in MS D
(Germany). Which legislation is applicable?

6. Applicable legislation
• An employee works for an employer in MS A (Slovenia) which
sends the person concerned for 24 months to MS B
(Germany) in order to set up a branch. A local labour contract
is concluded with the branch in MS B (Germany) that also
pays her salary. During her employment in MS B (Germany),
the original labour contract with the company in MS A
(Slovenia), that also pays the social security contributions,
further remains applicable. Which legislation is applicable?
Alternatively, what happens if an agreement is concluded
with the undertaking in MS A (Slovenia), stating that that the
employee, upon her return after two years, is guaranteed a
similar job within the company in MS A (Slovenia) or within
another daughter company?

7. Sickness benefits in kind
• Case 1: During her active life, Ms. X worked as a
frontier worker in MS A (Slovenija) while living in MS
B (Austria). A month before her retirement, she
contracted a chronic disease.
• Question: Under which conditions is Ms. X entitled to
receive medical treatment for this disease in MS A
(Slovenija)?
• Alternative question 1: Is the answer to this question
different if the need for medical treatment stems
from an (non-occupational) injury sustained one
month before her retirement?

8. Pensions - Creation of periods
Assumed national legislation: In MS A (Slovenia) also periods of military service or of
studies at school or university count as periods equivalent to periods of insurance.
The only condition for the creation of such periods is that they are fulfilled in the
territory of that MS (e.g. in a school or university of that MS which fulfil specially
defined criteria) and that a period of insurance as a gainfully active person under the
legislation of MS A is before or after that equivalent period.
Case: A person always works as a frontier worker in MS B – Italy (so there are no
insurance periods as a gainfully active person in MS A - Slovenia) but this person has
completed its military service and the studies at school and university in MS A
(Slovenia). During the university studies this person has also studied for 6 months in
MS C (Sweden) without transferring his/her residence (in the sense of Art. 1 (j) of
Regulation (EC) No. 883/2004) there (the residence still was in MS A - Slovenia).
Question: Does MS A (Slovenia) have to take into account these periods of military
service and school or university studies as periods equivalent to periods of
insurance?
Proposals for elements of consideration:
What is the effect of Art. 5 of Regulation (EC) No. 883/2004 (assimilation of facts) in
this context?
Is there a difference between periods spent in the territory of MS A (Slovenia) and
those spent in the territory of another MS during a stay there?
What additional aspects could be important taking into account the peculiarities of
your concrete legislation?