Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Regulation (EC) No 987/2009
Article 5 – paragraph 4 a (new)
7a. In Article 5, the following paragraph is added: ‘4a. Notwithstanding the provisions of paragraphs 1 to 4, an authority or court in the host Member State may disregard documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which these documents have been issued, if a legal ruling has been handed down stipulating that the documents in question were fraudulently obtained or submitted. It may do so only if the social security authorities have first, without success, contacted the issuing institution and given it one month in which to consider the documents and, on the basis of the evidence provided, revoke them on the grounds that they were fraudulently obtained or declare that they are invalid.’