Curtain rises on opera singers’ court battle

Date: 06/02/1997

By Rory Watson

A GROUP of self-employed opera singers hopes to make legal history by using EU legislation to reclaim social security contributions deducted from their salaries while on tour in Belgium three years ago.

The singers and their conductor, who pay tax and social security in the UK, maintain that the deductions were illegal under Union legislation - agreed more than 25 years ago - which is designed to ensure that citizens are not forced to make contributions in more than one member state at the same time.

Despite the EU rules, the group found when they came to Belgium to perform the opera Inquest of Love in early 1994 that at least 13&percent; of their fees had been deducted by Brussels' Théâtre de la Monnaie to cover social security payments. For some, this meant a loss of income of several thousand ecu during the five weeks of performances.

In addition, the theatre refused to accept the Union-recognised E101 forms provided by the UK's department of social security, which confirmed that each of the artists was already paying self-employed social security contributions.

The case, which began its passage through Belgium's legal system this week, is expected to make its way to the European Court of Justice.

The final outcome of the legal challenge should provide clarification for the self-employed on the application of the complex legislation and have considerable repercussions in Belgium and beyond. The regulations specifically state that if a self-employed person in one member state works in another for less than 12 months, then social security payments should be made in the first.

Although Belgium generally has little difficulty in applying the rule, it is particularly sensitive on the question of EU nationals making social security payments when in another member state. Germany, France and the Netherlands have similar concerns, prompted not so much by performing artists but by the thousands of mainly British and Irish temporary construction workers on their territory.

Even though it has been in place for more than two decades, the Union legislation has prompted a rash of cases at the ECJ as national courts have sought guidance from the Luxembourg judges.

“The basic rule is that you should only pay social security in one member state. That is very sensible as otherwise you could pay in several countries and not receive the benefits,” explained Brussels-based solicitor Michael Renouff, who is acting for the group.

Equity, the UK actors' and performing artists' trade union, considers the issues at stake so important that it is financing the cost of the legal challenge.

“Opera is an international art form. If contributions were deducted from the fee on every occasion, then not only would performers not benefit, but the overall costs would go up as they tried to compensate for the payments,” said an Equity spokesman.