Judgment of the Court (Fifth Chamber) of 4 July 2013 (request for a preliminary ruling from the Tribunale di La Spezia — Italy) — Simone Gardella v Istituto nazionale della previdenza sociale (INPS)

(Case C-233/12) (1)

(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)

2013/C 245/06

Language of the case: Italian

Referring court

Tribunale di La Spezia

Parties to the main proceedings

Applicant: Simone Gardella

Defendant: Istituto nazionale della previdenza sociale (INPS)

Re:

Request for a preliminary ruling — Tribunale di La Spezia — Interpretation of Articles 20, 45, 48 and 145 to 147 TFEU and of Article 15 of the Charter of Fundamental Rights of the European Union — Right to transfer a pension to another Member State — Employee of an international organisation having its head office in another Member State — National rules not allowing for the right to transfer to the international organisation in question the retirement contributions paid to a national social security body — Refusal of the social security body in question to conclude an agreement allowing for such a transfer

Operative part of the judgment

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 such as the European Patent Office, 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 such as the European Patent Office, established in the territory of another Member State, for the purposes of conferring entitlement to an old-age pension.

(1)  OJ C 217, 21.7.2012.