Source: All England Reporter
Publisher Citation: [2013] All ER (D) 02 (May)
Court: Court of Justice of the European Union (Third Chamber)

Judges Ilešic, President of the Chamber, Jarašiunas, Ó Caoimh (Rapporteur), ToaderFernlund, Advocate General: Cruz Villalón

Judgment Dates: 18 April 2013


European Union - Social Security - Pensions - Belgian national receiving invalidity benefit - Following accident in 1982 M also receiving incapacity benefit in Netherlands - M applying for pension in Netherlands and Belgium - Member states excluding period when M not able to work in Netherlands - Whether relevant European regulation precluding legislation of member state at issue - Council Regulation (EEC) 1408/71, arts 1(r), 46, 86 - Treaty on the Functioning of the European Union, arts 45, 48.

The Case

European Union Social Security. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of arts 1(r) and 46 of Council Regulation (EEC) 1408-71 of the Council of 14June 1971 (on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community), in the version amended and updated by Council Regulation (EC) 118-97 of 2December 1996 (OJ 1997 L 28, p. 1) (the Regulation).The request had been made in proceedings between M and the National Belgian Pensions Office concerning the failure to take into account, for the purpose of calculating his retirement pension in Belgium, a period of incapacity for work in respect of which he had received sickness insurance benefit in another member state, namely the Netherlands.

Practice Areas

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