Source: All England Reporter
Publisher Citation: [2002] All ER (D) 37 (Oct)
Court: Court of Justice of the European Communities (First Chamber)
Judge:

Judges Jann (President of the Chamber), Wathelet (Rapporteur) and Rosas

Judgment Dates: 3 October 2002

Catchwords

European Community - Social security - Pensions - Spanish pension awarded on the basis of contributions made after 1 January 1967 - Whether contributions before that date 'insurance contributions' - Whether contributions before that date to be taken into account in calculation of amount of pension - Regulation (EEC) 1408/71, arts 1(r), 46(2)(b) .

The Case

On the proper construction of art1(r) of Regulation No 1408-71 (on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community), additional periods, attributed when pension rights were awarded in order to take account of rights which were in the course of being acquired under previous old age insurance schemes, were periods of insurance within the meaning of that regulation. Further, on the proper construction of art46(2)(b) those rights were to be taken into account in the calculation of the actual amount of the pension.

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