With the “Hakamp” judgment no. 203/24 of September 4th, 2025, the CJEU provided both quantitative and qualitative clarifications on the interpretation of European provisions identifying the social security legislation applicable in cases of transnational work performed by employees in two or more European countries. The case examined by the Court of Justice of EU originates from a legal action brought by a maritime employee residing in the Netherlands, whose employer was established in Liechtenstein. The worker, who performed duties as a boatman not only across the Netherlands, but also in Belgium and Germany, moved against the decision of the SVB (the Dutch social security institution), which decided to apply the Dutch social security regime to the involved employee for the whole reference year, regardless of the fact that the working activity he had carried out in that country during that time was also equal to 22% of its total working hours, whereas the reference regulation requires at least the higher sum of 25% for such purposes. The SVB claims to have made said decision based on objective circumstances such as the place where the boat used for the working activities was registered or the employee’s residence country, aside from the percentage data mentioned above. The Dutch lower courts upheld the position of the SVB. Consequently, the worker appealed to the Supreme Court of the Netherlands, arguing that the lower courts had misinterpreted the relevant EU legislation by attributing significance to factors beyond those expressly provided for by the applicable norm (section 14, para. 8 of Regulation (EC) No. 987/2009). Asked to decide on the case at issue, the Court of Justice of the European Union clarified that the 25% threshold, along with the other criteria set out in Regulation (EC) No. 987/2009, shall be the sole parameters to use to determine the place where the «substantial part» of the employment activities carried out in two or more European countries took place and no other circumstances or criteria shall be considered, as these alone suffice to define the social contribution regime to apply to the employment relationship they refer to. The European Supreme Court has ruled that the objective criterion consisting in the minimum threshold of 25% is useful in providing greater certainty in a context where, due to the nature of transnational work performed in different European countries, complications may arise from the risk of simultaneous application of different national regulations. In conclusion, the CJEU held that this rule ensures greater coordination among Member States in the field of social security in order to safeguard the effective exercise of the free movement of persons and contribute to the improvement of living and working conditions for employees who move within the European Union for work.
2026 - Morri Rossetti
