Cour de Cassation, Chambre sociale, du 18 mai 1977, 75-14.841, Publié au bulletin
Presiding Judge | PDT M. Bolac CDFF |
Case Outcome | Cassation |
Counsel | Demandeur AV. M. Delvolvé |
Date | 18 mai 1977 |
Docket Number | 75-14841 |
Court | Chambre Sociale (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre sociale N. 334 P. 264 |
ATTENDU QU'IL RESULTE DE CES TEXTES QUE LE REGIME D'ALLOCATION VIEILLESSE DES NON SALARIES GROUPE NOTAMMENT LES PERSONNES DONT L'ACTIVITE PROFESSIONNELLE COMPORTE L'INSCRIPTION AU REGISTRE DU COMMERCE ;
ATTENDU QUE LOGIE, DE NATIONALITE BELGE, A, EN BELGIQUE, UNE ACTIVITE D'ENTREPRENEUR DE BATIMENT ET EXPLOITE EGALEMENT EN FRANCE UN FONDS ANALOGUE POUR LEQUEL IL EST INSCRIT AU REGISTRE DU COMMERCE DE LILLE ;
QUE, POUR DECIDER QUE, SUR JUSTIFICATION DE SON AFFILIATION ET DU PAIEMENT REGULIER DES COTISATIONS A UN ORGANISME BELGE, IL POURRAIT OBTENIR DETAXATION DE CELLES QUI LUI ETAIENT RECLAMEES EN FRANCE PAR LA CAISS INTERPROFESSIONNELLE D'ASSURANCE VIEILLESSE DES INDUSTRIELS ET COMMERCANTS, L'ARRET ATTAQUE RELEVE ESSENTIELLEMENT QUE LE PRINCIPAL ETABLISSEMENT DE LOGIE SE TROUVE EN BELGIQUE OU IL EST AFFILIE A L'OFFICE NATIONAL BELGE DE SECURITE SOCIALE, QUE LA CONVENTION FRANCO-BELGE DU 17 JANVIER 1948 SUR L'ASSIMILATION DES RESSORTISSANTS DE CHAQUE PAYS NE DOIT PAS ETRE APPLIQUEE RESTRICTIVEMENT AUX SEULES ALLOCATIONS FAMILIALES, QU'IL DOIT ETRE TENU COMPTE DE LA SITUATION DU FRANCAIS AYANT...
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