Important Updates
Important Updates
July 3, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
July 7, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
July 7, 2025 | United StatesThe PIE: Trump Eyes Time Limits on US Student Visas
July 7, 2025 | United States, Honduras, NicaraguaUnited States: DHS Announces End of Temporary Protected Status for Honduras and Nicaragua
July 7, 2025 | United StatesUnited States: July 2025 DOL PERM and PWD Processing Times
July 3, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
July 7, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
July 7, 2025 | United StatesThe PIE: Trump Eyes Time Limits on US Student Visas
July 7, 2025 | United States, Honduras, NicaraguaUnited States: DHS Announces End of Temporary Protected Status for Honduras and Nicaragua
July 7, 2025 | United StatesUnited States: July 2025 DOL PERM and PWD Processing Times
July 3, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • 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

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • Insights

EU Court of Justice Re-confirms the Possibility to Disregard Certificate of Coverage for Posted Workers

July 18, 2018

Countries / Territories

  • 🌐

Related contacts

Wim Cocquyt

Wim Cocquyt

Client Engagement Director Europe

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0)2 250 4875

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Wim Cocquyt

Wim Cocquyt

Client Engagement Director Europe

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0)2 250 4875

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Wim Cocquyt

Wim Cocquyt

Client Engagement Director Europe

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0)2 250 4875

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Wim Cocquyt, Kristine Zaiceva

The Court of Justice of the European Union (hereafter CJEU) has re-confirmed its position regarding the validity of a Certificate of Coverage also commonly known as a CoC or an A1 certificate. The CJEU has stated that in case the host country has reasonable and concrete doubts regarding the conditions under which the A1 certificate was issued and the country that issued the A1 certificate refuses to reconsider these concerns the courts of the host country may decide to disregard the certificate.

The request for a Certificate of Coverage (commonly known as a CoC, or an A1 certificate amongst the countries that apply the EU Regulations on social security coordination) is fundamental to ensure full compliance with social security obligations for employees that are assigned to work abroad in another EU country on a temporary basis. The A1 certificate indicates in which country social security contributions are being paid and it should be kept available to be presented to the competent institution in the country where the assignee is temporarily working, to confirm the social security position of the employees concerned.

What is interesting about this judgement is that, on the one hand, it emphasizes again, as per consolidated case law, that an A1 certificate is binding to the host country’s authorities, as long as the certificate is not withdrawn by a competent institution of the issuing country.

On the other hand, however, as it also was stated in a recent CJEU decision of last February, that the national courts of the host country may disregard an A1 certificate in case it was issued fraudulently and the issuing institution of the home country is not willing to withdraw it. Please find more details about the recent CJEU decision regarding this particular judgement in one of our previous blogs here.

With the judgment of July 11th, 2018 (case C-356/15), the CJEU has ruled that Belgium infringed the EU Regulations on social security by introducing rules in national legislation that do not meet the principles and requirements of the EU Regulations.

According to current Belgian legislation, where the national court, a public social security institution or a social inspector establishes there has been an abuse in the issuance of an A1 certificate by a given home country, the worker involved should be made subject to Belgian social security legislation.

What is notable about this judgment is that the CJEU has clearly stated that if a host Member State adopts legislation authorizing its own institutions to unilaterally declare an A1 certificate invalid, the principle of sincere cooperation between the competent institutions of the Member States would be jeopardised.

Consequently, the power to make a finding of fraud and to disregard an A1 certificate is limited to the national courts alone, only after the whole procedure of dialogue and conciliation, as laid down in the EU Regulations, has been followed and executed.

The Fragomen Social Security team is prepared to guide clients to optimise their social security programs and reduce related costs. Our strategic approach will help you plan ahead and ensure social security compliance from day one. For any social security related question, please feel free to contact us at [email protected] .

Countries / Territories

  • 🌐

Related contacts

Wim Cocquyt

Wim Cocquyt

Client Engagement Director Europe

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0)2 250 4875

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Wim Cocquyt

Wim Cocquyt

Client Engagement Director Europe

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0)2 250 4875

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Wim Cocquyt

Wim Cocquyt

Client Engagement Director Europe

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0)2 250 4875

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Media mentions

Startup Valley Magazin: Workation: Wettbewerbsvorteil oder rechtliches Minenfeld?

Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

Understanding the Saudi Real Estate Market: What Expats Need to Know

Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Media mentions

Startup Valley Magazin: Workation: Wettbewerbsvorteil oder rechtliches Minenfeld?

Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

Understanding the Saudi Real Estate Market: What Expats Need to Know

Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.