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Document 62011CA0548
Case C-548/11: Judgment of the Court (Third Chamber) of 18 April 2013 (request for a preliminary ruling from the Arbeidshof te Antwerpen — Belgium) — Edgard Mulders v Rijksdienst voor Pensioenen (Social security — Regulation (EEC) No 1408/71 — Article 1(r) — Definition of ‘periods of insurance’ — Article 46 — Calculation of retirement pension — Periods of insurance to be taken into consideration — Frontier workers — Period of incapacity for work — Aggregation of similar benefits paid by two Member States — No account taken of a period of incapacity for work as a period of insurance — Residence requirement — Nation rules precluding the cumulation of benefits)
Case C-548/11: Judgment of the Court (Third Chamber) of 18 April 2013 (request for a preliminary ruling from the Arbeidshof te Antwerpen — Belgium) — Edgard Mulders v Rijksdienst voor Pensioenen (Social security — Regulation (EEC) No 1408/71 — Article 1(r) — Definition of ‘periods of insurance’ — Article 46 — Calculation of retirement pension — Periods of insurance to be taken into consideration — Frontier workers — Period of incapacity for work — Aggregation of similar benefits paid by two Member States — No account taken of a period of incapacity for work as a period of insurance — Residence requirement — Nation rules precluding the cumulation of benefits)
Case C-548/11: Judgment of the Court (Third Chamber) of 18 April 2013 (request for a preliminary ruling from the Arbeidshof te Antwerpen — Belgium) — Edgard Mulders v Rijksdienst voor Pensioenen (Social security — Regulation (EEC) No 1408/71 — Article 1(r) — Definition of ‘periods of insurance’ — Article 46 — Calculation of retirement pension — Periods of insurance to be taken into consideration — Frontier workers — Period of incapacity for work — Aggregation of similar benefits paid by two Member States — No account taken of a period of incapacity for work as a period of insurance — Residence requirement — Nation rules precluding the cumulation of benefits)
OJ C 164, 8.6.2013, p. 5–5
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
8.6.2013 |
EN |
Official Journal of the European Union |
C 164/5 |
Judgment of the Court (Third Chamber) of 18 April 2013 (request for a preliminary ruling from the Arbeidshof te Antwerpen — Belgium) — Edgard Mulders v Rijksdienst voor Pensioenen
(Case C-548/11) (1)
(Social security - Regulation (EEC) No 1408/71 - Article 1(r) - Definition of ‘periods of insurance’ - Article 46 - Calculation of retirement pension - Periods of insurance to be taken into consideration - Frontier workers - Period of incapacity for work - Aggregation of similar benefits paid by two Member States - No account taken of a period of incapacity for work as a period of insurance - Residence requirement - Nation rules precluding the cumulation of benefits)
2013/C 164/07
Language of the case: Dutch
Referring court
Arbeidshof te Antwerpen
Parties to the main proceedings
Applicant: Edgard Mulders
Defendant: Rijksdienst voor Pensioenen
Re:
Request for a preliminary ruling — Arbeidshof te Antwerpen — Interpretation of Articles 1(r) and 46 of Council Regulation (EEC) No 1408/71 of 14 June 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 (OJ, English Special Edition 1971(II), p. 416) — Old-age and death insurance — Calculation of benefits — Periods of insurance to be taken into consideration
Operative part of the judgment
Articles 1(r) and 46 of Regulation (EEC) No 1408/71 of the Council of 14 June 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) No 118/97 of 2 December 1996, read in the light of Article 13(2)(a) of that regulation and Articles 45 TFEU and 48 TFEU, are to be interpreted, for the purpose of calculating a retirement pension in one Member State, as precluding the legislation of another Member State under which a period of incapacity for work during which sickness insurance benefit — from which contributions were deducted by way of old-age insurance — was paid in that other Member State to a migrant worker is not regarded as a ‘period of insurance’ within the meaning of those provisions, on the ground that the person concerned is not resident in the latter State and/or was in receipt of a similar benefit under the legislation of the first Member State, which could not be combined with the sickness insurance benefit.