Act II in singers’ court battle

Date: 22/05/1997

By Rory Watson

THE curtain is about to go up on the second act in a legal battle between a small group of self-employed opera singers and the Belgian authorities.

The setting will be the European Court of Justice in Luxembourg, after a Brussels court referred the group's challenge against allegedly unlawful social security deductions to the Union's highest legal body.

The various singers - and one conductor - are based in the UK, where they meet all their tax and social security commitments.

They argue that the decision by Brussels' Théâtre de la Monnaie to take just over 13&percent; from their fees to cover Belgian social security payments during their performance of the opera Inquest of Love three years ago violates basic Union legislation.

The plaintiffs now number a dozen, with other self-employed singers who experienced similar treatment when performing an earlier opera joining the legal challenge.

The deductions ran into thousands of ecu for some of the leading singers and, says the group, are contrary to the fundamental EU principle that individuals should only be required to make contributions in one member state at any one time.

In addition, the theatre refused to take into account the E101 certificates which the singers had brought with them to Belgium, confirming that they were already making the necessary payments in the UK.

The outcome of the case could have repercussions far wider than the relatively rarified world of opera.

The ECJ's interpretation of the complex social security legislation will have a crucial bearing on the treatment of self-employed entertainers and all those who parade their skills in EU countries other than their place of residence.

It could also be applicable to the tens of thousands of construction workers - the majority of them Irish and British - working on the continent on short-term contracts.

The first act of the legal saga began in September 1995 when the group, whose case is being financed by the UK actors' and performing artists' trade union Equity, filed its complaint with the Brussels employment court.

The Belgian judges have now asked the ECJ to interpret three central aspects of the long-established rules for the first time.

The Luxembourg ruling on key phrasing in Article 14 of the legislation should clear up some of the ambiguity surrounding the status of self-employed people temporarily working in another member state and also determine the status of the EU-wide E101 certificate.

“The certificate's status has been raised before, but was not answered by the Court of Justice. Now the judges will have a further opportunity to consider whether it has obligatory effect. If it has, then authorities must pay attention to what it says,” explained Michael Renouff, who is representing the singers.

Because of the financial ramifications of the case, it will be some time before the final curtain falls.

The Belgian government is fighting the challenge and a hearing before the Luxembourg judges is unlikely before the autumn, with a ruling next year.