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Document 62026CN0216
Case C-216/26, Deutsche Rentenversicherung Bund: Request for a preliminary ruling from the Bundessozialgericht (Germany) lodged on 13 March 2026 – HZ as executor of the estate of the deceased FD as special assignee of the deceased QU v Deutsche Rentenversicherung Bund
Case C-216/26, Deutsche Rentenversicherung Bund: Request for a preliminary ruling from the Bundessozialgericht (Germany) lodged on 13 March 2026 – HZ as executor of the estate of the deceased FD as special assignee of the deceased QU v Deutsche Rentenversicherung Bund
Case C-216/26, Deutsche Rentenversicherung Bund: Request for a preliminary ruling from the Bundessozialgericht (Germany) lodged on 13 March 2026 – HZ as executor of the estate of the deceased FD as special assignee of the deceased QU v Deutsche Rentenversicherung Bund
OJ C, C/2026/3158, 22.6.2026, ELI: http://data.europa.eu/eli/C/2026/3158/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2026/3158 |
22.6.2026 |
Request for a preliminary ruling from the Bundessozialgericht (Germany) lodged on 13 March 2026 – HZ as executor of the estate of the deceased FD as special assignee of the deceased QU v Deutsche Rentenversicherung Bund
(Case C-216/26, Deutsche Rentenversicherung Bund)
(C/2026/3158)
Language of the case: German
Referring court
Bundessozialgericht
Parties to the main proceedings
Applicant and appellant on a point of law: HZ as executor of the estate of the deceased FD as special assignee of the deceased QU
Defendant and respondent in the appeal on a point of law: Deutsche Rentenversicherung Bund
Questions referred
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1. |
Is it compatible with Articles 5 and 7 of Regulation (EC) No 883/2004 (1) that a pension increase, provided for under national law as an allowance for compulsory sickness insurance and calculated on the basis of the pension, is paid at a lower rate to a pensioner residing in another Member State because (and to the extent that) his contributions to the compulsory sickness insurance scheme in that Member State are not calculated, or are only partially calculated, on the basis of the pension? |
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2. |
If Question 1 is answered in the negative: Is it compatible with Article 7 of Regulation No 883/2004 that national legislation in a Member State limits a pension increase to half the contributions actually paid for compulsory sickness insurance in another Member State, even though a higher increase would be granted for sickness insurance in the first Member State? |
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3. |
Is it compatible with Article 5 of Regulation No 883/2004 that an excess payable to the compulsory sickness insurance scheme in the Member State of residence is not taken into account when determining the amount of sickness insurance contributions for the purpose of calculating the pension increase, because, under the national law of the Member State in which the pension is received, there is no entitlement to have an excess taken into account by the pension insurance institutions? |
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4. |
Must Article 2(2) and Article 5 of Regulation (EC) No 987/2009 (2) be interpreted as meaning that the notification by the institution of the Member State responsible for implementation of the sickness insurance to the institution of the Member State responsible for payment of a pension concerning the contributions payable in respect of sickness insurance is binding also in terms of the insurance being classified as sickness benefit insurance (point (va)(i) of Article 1 of Regulation No 883/2004, read in conjunction with the Netherlands section of Annex XI thereto)? |
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5. |
If Question 4 is answered in the affirmative: Do point (va)(i) of Article 1 and Article 5 of Regulation No 883/2004 place the pension insurance institution of the Member State responsible for payment of a pension under an obligation to take into account the right applied by the institution responsible for implementation of the sickness insurance to distinguish between sickness insurance and long-term care insurance, where the national legislation of the Member State responsible for the payment of a pension provides for a pension increase in respect of sickness insurance contributions, but not in respect of long-term care insurance contributions? |
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6. |
Is it compatible with Articles 5 and 7 of Regulation No 883/2004 to exclude a pension increase for long-term care insurance contributions where, in the Member State of residence, there is an obligation to pay contributions in respect of insurance which, in substance, corresponds to long-term care insurance of the Member State in which the pension is received, but which, under the legislation of the Member State of residence, is classified as sickness insurance? |
(1) Regulation of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).
(2) Regulation of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ 2009 L 284, p. 1).
ELI: http://data.europa.eu/eli/C/2026/3158/oj
ISSN 1977-091X (electronic edition)