Important Updates
Important Updates
April 21, 2026 | Russia, Saudi ArabiaRussia/Saudi Arabia: Mutual Visa-Free Entry Forthcoming
April 24, 2026 | United StatesUnited States: April 2026 DOL PERM and PWD Processing Times
April 23, 2026 | United Kingdom, United StatesCitywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals
April 22, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
April 22, 2026 | Saudi ArabiaSaudi Arabia: Nitaqat Calculation Now Requires Online Contract Submission
April 21, 2026 | Russia, Saudi ArabiaRussia/Saudi Arabia: Mutual Visa-Free Entry Forthcoming
April 24, 2026 | United StatesUnited States: April 2026 DOL PERM and PWD Processing Times
April 23, 2026 | United Kingdom, United StatesCitywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals
April 22, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
April 22, 2026 | Saudi ArabiaSaudi Arabia: Nitaqat Calculation Now Requires Online Contract Submission
April 21, 2026 | Russia, Saudi ArabiaRussia/Saudi Arabia: Mutual Visa-Free Entry Forthcoming
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

May 28, 2025

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

Countries / Territories

  • BelgiumBelgium
  • European UnionEuropean Union

Related offices

  • Fragomen in Brussels, Belgium

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Brussels, Belgium

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Brussels, Belgium

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Marina Ocariz

In a landmark judgement issued on January 23, 2025 (Case C-421/23), the European Court of Justice (ECJ) provided important clarifications on the application of EU social security regulations concerning posted workers and the authenticity of A1 certificates.

While the judgment was delivered earlier this year, its practical implications are coming into sharper focus now as national authorities begin to operationalise the ECJ's guidance—particularly in the context of increasing cross-border inspections and enforcement activity. The case offers timely and important guidance on the obligations of national authorities and courts in the presence of fraudulent A1 certificates.

This blog outlines the main takeaways from the decision and how the ECJ ruling impacts Employers requesting A1 Certificates in the EU.

What is an A1 Certificate and why does it matter?

An A1 Certificate is a document issued by a competent national social security authority that evidences where the employee’s social security contributions are being paid. It applies to posted workers, business travellers, and self-employed workers on temporary assignments and to workers that perform duties in multiple EU countries at the same time.

The A1 Certificate helps ensure legal compliance, avoid double social security payments, and is often required for immigration and posted worker notifications. Failure to secure an A1 Certificate may lead to high fines or delays in work approvals. 

What was the 2025 ECJ case about?

Case C-421/23 originated from criminal proceedings in Belgium against a Portuguese contractor who had employed 650 Portuguese workers on Belgian construction sites between 2012 and 2017. The employees were in possession of A1 certificates that had not been issued by the competent Portuguese social security institution.

As the Belgian social security authorities discovered that the A1 certificates were fraudulent, the Belgian court found the Portuguese employer guilty of fraud in relation to social security contribution payments and the use of false documents. The case was subsequently brought in front of the Court of Appeal, which referred some important questions to the ECJ.

Overview of the ECJ Ruling in Case C-421/23 

The ECJ made three key findings:

      • Regulation 883/2004 on the coordination of social security systems applies even when A1 certificates are found to be fraudulently obtained, because it ensures that employees are subject only to one EU member State’s social security legislation at the time, which prevents legal uncertainty. Consequently, national courts must assess whether the conditions for posting workers from a social security perspective have been met in accordance with the posting provisions of the Regulation.
      • When there is a suspicion of fraud, national authorities of the member States mandatorily must engage in the structured dialogue and conciliation procedure laid down in Regulation 883/2004 before making a unilateral finding of fraud, which re-affirms one of the important principles of social security coordination, i.e. the principle of sincere cooperation between member States.
      • When the issuing social security authority explicitly denies having issued the A1 certificates (or confirms they are invalid), the national courts of the other member State are no longer bound by their contents, without the need for any further administrative consultation.

What this means for businesses operating in multiple EU countries

The ECJ ruling in reference reinforces the importance of A1 certificates in the field of labor migration and intra-EU employee mobility. A1 certificates hold significant legal weight, and host country inspection authorities cannot simply disregard them or impose social security contributions—even in cases where the certificates are suspected or found to be fraudulent.

Importantly, the ruling re-confirms the importance of legal certainty and ‘strong’ validity of an A1 by highlighting the mandatory nature of the dialogue and conciliation procedure between national authorities of different Member States. A1 certificates safeguard companies from host country social security claims, and in cases of doubt, host authorities are required to initiate the conciliation procedure with the home Member State before any withdrawal or challenge of the A1 form—ensuring that companies are not exposed to double social security contributions.

This case re-enforces the tendency we have seen over the last years in the increase in inspections across European countries regarding the absence of A1 Certificates for posted workers and it emphasises the importance of compliance with social security obligations when posting employees. To facilitate this enforcement, the EU has now fully implemented systems such as the Electronic Exchange of Social Security Information (EESSI), a digital platform that connects social security institutions across the EU. With this the European Union is trying to streamline the verification process and cooperation among national authorities.

How can Fragomen help?

The Fragomen Social Security team assist clients in managing their A1 certificate applications in line with EU regulations. With a strategic focus on compliance, the team helps ensure that social security, immigration, and posted worker obligations are considered early in the planning process.

Need to know more?

For questions regarding A1 compliance, please contact the Fragomen Social Security team at [email protected].

This blog was published on 28 May 2025, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram. 

Countries / Territories

  • BelgiumBelgium
  • European UnionEuropean Union

Related offices

  • Fragomen in Brussels, Belgium

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Brussels, Belgium

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Brussels, Belgium

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Media mentions

The Sunday Times: How to Make Your Move from the UK to the NetherlandsLearn more

Brexit

UK–EU Youth Mobility: Progress, Trade-offs and the Reality of Agreement

UK Government Affairs Strategy Director Shuyeb Muquit explains how a possible UK–EU Youth Mobility Scheme could work in practice, what challenges remain and what it may mean for young people and employers.

Learn more

Awards

12 Fragomen Lawyers Named to 2026 Pro Bono Recognition List

Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.

Learn more

Media mentions

Times Higher Education: Share Agent ‘Bad Actor’ Data With Universities, Home Office Told

Senior Immigration Manager Jonathan Hill discusses new UK guidance suggesting the Home Office may use data to assess agent trust, raising questions about transparency and compliance demands.

Learn more

Video

Understanding Thai Visa Categories: Travel, Work, Study, Retirement and More

In this video, Partner Aim-on Larpisal provides a high-level overview of common Thai visa categories and how they are structured based on purpose of stay, including tourism, work, education and long-term residence.

Learn more

Work authorization

The H-1B Cap Lottery FY 2027 is Complete: What Employers Should Do Next

Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.

Learn more

Media mentions

EB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India

Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.

Learn more

Media mentions

Citywealth: Tens of Thousands Leave the Gulf for the UK, For Now

Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.

Learn more

Work authorization

Ireland Immigrant Investor Programme: Is the “Golden Visa” Route Now Closed?

Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.

Learn more

Video

May 2026 Visa Bulletin | #MobilityMinute

Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.

Learn more

Awards

Citywealth Leaders List: Top 30 Immigration Advisors 2026 Recognises Four Fragomen Professionals

Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.

Learn more

Work authorization

Family Reunification in Switzerland: Key Scenarios, Requirements and Risks

Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals. 

Learn more

Media mentions

The Sunday Times: How to Make Your Move from the UK to the NetherlandsLearn more

Brexit

UK–EU Youth Mobility: Progress, Trade-offs and the Reality of Agreement

UK Government Affairs Strategy Director Shuyeb Muquit explains how a possible UK–EU Youth Mobility Scheme could work in practice, what challenges remain and what it may mean for young people and employers.

Learn more

Awards

12 Fragomen Lawyers Named to 2026 Pro Bono Recognition List

Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.

Learn more

Media mentions

Times Higher Education: Share Agent ‘Bad Actor’ Data With Universities, Home Office Told

Senior Immigration Manager Jonathan Hill discusses new UK guidance suggesting the Home Office may use data to assess agent trust, raising questions about transparency and compliance demands.

Learn more

Video

Understanding Thai Visa Categories: Travel, Work, Study, Retirement and More

In this video, Partner Aim-on Larpisal provides a high-level overview of common Thai visa categories and how they are structured based on purpose of stay, including tourism, work, education and long-term residence.

Learn more

Work authorization

The H-1B Cap Lottery FY 2027 is Complete: What Employers Should Do Next

Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.

Learn more

Media mentions

EB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India

Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.

Learn more

Media mentions

Citywealth: Tens of Thousands Leave the Gulf for the UK, For Now

Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.