Case C-233/12

Simone Gardella

v

Istituto nazionale della previdenza sociale (INPS)

(Request for a preliminary ruling from the Tribunale di La Spezia)

‛Transfer of pension rights acquired in a Member State — Articles 45 TFEU and 48 TFEU — National rules not allowing for the right to transfer to an international organisation having its head office in another Member State the capital value representing the retirement contributions paid to a national social security body — Aggregation rule’

Summary — Judgment of the Court (Fifth Chamber), 4 July 2013

1. Freedom of movement for persons — Workers — Definition — National of a Member State employed by an international organisation — Included

   (Art. 45 TFEU)

2. Social security — Migrant workers — Old-age and survivor’s insurance — National of a Member State employed by an international organisation — Pension rights acquired prior to entry in the service of the international organisation — Transfer to the scheme of the international organisation — National rules not allowing the transfer — Lawfulness — Condition — Aggregation of periods of insurance or employment — Account taken of periods of employment completed with an international organisation

   (Arts 45 TFEU and 48 TFEU)

1.  See the text of the decision.

   (see paras 26, 27)

2.  Articles 45 TFEU and 48 TFEU must be interpreted as not precluding rules of a Member State which do not allow its nationals employed in an international organisation, established in the territory of another Member State, to transfer to the social security scheme of that organisation the capital value representing the pension rights they have acquired previously in the territory of their Member State of origin, where there is no arrangement between that Member State and the international organisation providing for the possibility of such a transfer.

   Where a mechanism for transferring the capital value representing the pension rights acquired previously in a Member State to the pension scheme of a new employer in another Member State cannot apply, Article 45 TFEU must be interpreted as precluding rules of a Member State which do not allow account to be taken of employment periods which a European Union national completed with an international organisation, established in the territory of another Member State, for the purposes of conferring entitlement to an old-age pension.

   Such rules would give rise to a situation where persons who have exercised their right of free movement, including employment or contribution periods which do not amount to the minimum period required under national legislation for vesting entitlement to a pension, risk losing the opportunity of receiving old-age benefits to which they would have been entitled had they not accepted employment in another Member State with an international organisation. Such rules are, therefore, liable to impede their exercise of their right to free movement.

   (see paras 46, 49, operative part)

Case C-233/12

Simone Gardella

v

Istituto nazionale della previdenza sociale (INPS)

(Request for a preliminary ruling from the Tribunale di La Spezia)

‛Transfer of pension rights acquired in a Member State — Articles 45 TFEU and 48 TFEU — National rules not allowing for the right to transfer to an international organisation having its head office in another Member State the capital value representing the retirement contributions paid to a national social security body — Aggregation rule’

Summary — Judgment of the Court (Fifth Chamber), 4 July 2013

1. Freedom of movement for persons — Workers — Definition — National of a Member State employed by an international organisation — Included

   (Art. 45 TFEU)

2. Social security — Migrant workers — Old-age and survivor’s insurance — National of a Member State employed by an international organisation — Pension rights acquired prior to entry in the service of the international organisation — Transfer to the scheme of the international organisation — National rules not allowing the transfer — Lawfulness — Condition — Aggregation of periods of insurance or employment — Account taken of periods of employment completed with an international organisation

   (Arts 45 TFEU and 48 TFEU)

1.  See the text of the decision.

   (see paras 26, 27)

2.  Articles 45 TFEU and 48 TFEU must be interpreted as not precluding rules of a Member State which do not allow its nationals employed in an international organisation, established in the territory of another Member State, to transfer to the social security scheme of that organisation the capital value representing the pension rights they have acquired previously in the territory of their Member State of origin, where there is no arrangement between that Member State and the international organisation providing for the possibility of such a transfer.

   Where a mechanism for transferring the capital value representing the pension rights acquired previously in a Member State to the pension scheme of a new employer in another Member State cannot apply, Article 45 TFEU must be interpreted as precluding rules of a Member State which do not allow account to be taken of employment periods which a European Union national completed with an international organisation, established in the territory of another Member State, for the purposes of conferring entitlement to an old-age pension.

   Such rules would give rise to a situation where persons who have exercised their right of free movement, including employment or contribution periods which do not amount to the minimum period required under national legislation for vesting entitlement to a pension, risk losing the opportunity of receiving old-age benefits to which they would have been entitled had they not accepted employment in another Member State with an international organisation. Such rules are, therefore, liable to impede their exercise of their right to free movement.

   (see paras 46, 49, operative part)