Withdrawal of an A1 Certificate on the Initiative of the Issuing Institution Judgment of the Court of Justice of the European Union of 16 November 2023, C-422/22, Zakład Ubezpieczeń Społecznych Oddział w Toruniu v. TE
Withdrawal of an A1 Certificate on the Initiative of the Issuing Institution Judgment of the Court of Justice of the European Union of 16 November 2023, C-422/22, Zakład Ubezpieczeń Społecznych Oddział w Toruniu v. TE

Summary/Abstract: The CJEU ruling in case C-422/22 confirms the importance of dialogue and conciliation in casesconcerning the determination of social security legislation applicable in cross-border situations.A portable document certifying the applicable legislation of one Member State (a PD A1) is a declaratorydecision. It remains in force until the competent institution that issued it withdraws itor invalidates it. This principle increases legal certainty and guarantees to the insured personthe enforcement of the most important benefits of social security coordination, namely: avoidanceof double contributions and double social security benefits, protection of acquired rightsand rights in course of acquisition, and, above all, protection against the loss of social securityupon crossing the EU internal borders. The preliminary question of the Supreme Court (Poland)to CJEU referred to the need for the Polish Social Insurance Institution (ZUS) to enter into a dialogueprocedure with the competent French institution (Urssaf ) before withdrawing the PD A1in a situation where it was established ex post that there were no grounds for its issuance underArticle 13 of Regulation 883/2004/EU of the European Parliament and of the Council on thecoordination of social security systems. The Court confirmed that that procedure is intended toresolve discrepancies in the assessment of which legislation is applicable between two or morecompetent institutions. However, it is not required as a prerequisite for withdrawing the A1 certificateon its own initiative by the issuing institution.

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