91997E3848

WRITTEN QUESTION E-3848/97 by Alexandros Alavanos (GUE/NGL) to the Commission (5 December 1997)

Subject: Social security entitlement

The Greek General Accounts Office is refusing to award a survivor's pension to a Swedish national, Mrs Brit-Elizabeth, the widow of Mr Ioannis Papadopoulos, under Article 63(1)(b) of Presidential Decree 1041/79 (civil and military pensions code), on the grounds that she does not have Greek nationality.

Given that this constitutes an infringement of Community law regarding social security entitlement (Regulation (EEC) No 1408/71 ((OJ L 149, 5.7.1971, p. 2. ))) and the EU Treaty (Articles 48 and 51 and F, 6 and 8) what steps will the Commission take to bring Greek legislation into line with Community law and the EU Treaties and in order to ensure that Mrs Brit-Elizabeth Papadopoulos obtains her pension entitlement?

Answer given by Mr Flynn on behalf of the Commission (19 January 1998)

The Commission shares the Honourable Member's opinion that the refusal by the Greek authorities to grant a survivor's pension on the grounds that the applicant does not have Greek nationality infringes Articles 48 and 51 of the EC Treaty, as well as Regulation (EEC) 1612/68 of 15 October 1968 on freedom of movement for workers within the Community ((OJ L 257, 19.10.1968. )), Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating Regulation (EEC) 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, and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 ((OJ L 28, 30.1.1997. )).

Accordingly, the Commission has contacted the Greek authorities to draw their attention to this situation.