Source: All England Reporter
Publisher Citation: [2002] All ER (D) 30 (Jan)
Court: Court of Justice of the European Communities

Judges Rodrígues Iglesias (President), Macken and von Bahr (Presidents of Chambers), Gulmann, Edward (Rapporteur), La Pergola, Sévon, Wathelet, Skouris, Cunha Rodrigues and Timmermans

Judgment Dates: 15 January 2002


European Community - Social security - Pensions - Member state taking into account periods of insurance completed in non-member country by its nationals when assessing entitlement to old age pensions - Member state not taking such period into account for national of another member state - Whether first member state obliged to take period into account - EC Treaty, art 39 - Regulation 1408/71, art 1(j).

The Case

The competent social security authorities of one member state were required, pursuant to their European Community obligations under art39 of the EC Treaty on the free movement of workers, to take account, for the purposes of acquiring the right to old age benefits, of periods of insurance completed in a non-member country by a national of a second member state in circumstances where, under identical conditions of contribution, those competent authorities would take into account such periods where they had been completed by nationals of the first member state pursuant to a bi-lateral international convention concluded between that member state and the non-member country.

Practice Areas

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