Source: All England Reporter
Publisher Citation: [2004] All ER (D) 261 (Dec)
Court: Court of Justice of the European Communities (Second Chamber)
Judge:

Judges Timmermans (President of the Chamber), Gulmann, Schintgen (Rapporteur), Arestis and Klucka
Judgment Dates: 16 December 2004

Catchwords

European Communities - Free movement of workers - Material scope - Transfer of pension rights - Early retirement pension - Entitlement - Reckoning of periods of employment with European Community - EC Treaty, art 10 - Staff Regulations of Officials of the European Communities, Annex VIII, art 11.

The Case

Article10 EC, in conjunction with the Staff Regulations of Officials of the European Communities, had to be interpreted as meaning that national legislation which did not permit years of employment completed by a Community citizen in the service of a Community institution to be taken into account for the purposes of entitlement to an early retirement pension under the national scheme was contrary to those provisions.

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