Order of the Court of 9 July 2010 (reference for a preliminary ruling from the Corte d'appello di Roma (Italy)) — Luigi Ricci (C-286/09), Aduo Pisaneschi (C-287/09) v Istituto nazionale della previdenza sociale (INPS)

(Joined Cases C-286/09 and C-287/09) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Officials - Retirement pension - Cumulation of periods of insurance - Article 11 of Annex VIII to the Staff Regulations - Taking account of periods of activity within the European Communities - Article 10 EC)

(2010/C 288/21)

Language of the case: Italian

Referring court

Corte d'appello di Roma (Italy)

Parties to the main proceedings

Applicants: Luigi Ricci (C-286/09), Aduo Pisaneschi (C-287/09)

Defendant: Istituto nazionale della previdenza sociale (INPS)

Re:

Reference for a preliminary ruling — Corte d’appello di Roma — Interpretation of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community — Interpretation of Articles 17, 39 and 42 EC — Old-age pension — Aggregation of insurance periods — Failure to take into account the period of affiliation to the Joint Sickness Insurance Scheme of the European Communities

Operative part of the order

Article 10 EC, together with the Staff Regulations of Officials of the European Communities, must be interpreted as precluding national legislation which does not permit account to be taken of years worked by a European Union citizen in a European Union institution, such as the Commission of the European Communities, or in a European Union body, such as the Economic and Social Committee, with regard to the establishment of a right to a retirement pension under the national scheme, regardless of whether the person involved takes early retirement or retires at the usual age.

(1)  OJ C 233, 26.9.2009.