WRITTEN QUESTION P-3753/96 by Pierre Moscovici (PSE) to the Commission (11 December 1996)

Subject: Pension rights for migrant workers within the European Union

Many European citizens who have moved from one European Union country to another in the course of their working lives encounter problems with pensions agencies regarding the payment of pensions to which they have accrued entitlements in their country of origin, despite having evidence of their employment and of their pension contributions.

What is the legislative basis which should be used to assent such pension rights?

What legal basis should be used to bring an action against an agency - or State - which refuses to respect such rights?

Does the Court of Justice of the European Communities have jurisdiction to rule in such cases?

Answer given by Mr Flynn on behalf of the Commission (10 January 1997)

The Commission would draw the Honourable Member's attention to the provisions of Articles 35 et seq. of Regulation (EEC) No 574/72 ((OJ L 74, 27.3.1972; consolidated version - OJ C 325, 10.12.1992. )), which have to do with the submission and investigation of claims for invalidity, old-age and death benefits where the person concerned has been insured in more than one Member State.

As far as old-age benefit is concerned, Article 36 of the said Regulation makes it possible for the person concerned to submit a claim either to the institution of the place of residence or to the institution of another Member State involved (in this connection, see the Court of Justice's judgment of 24 October 1996 in the Picard case, C-335/95). It is up to the institution with which the claim is lodged to inform the institutions of the other Member States concerned, with a view to investigating the claim.

If the person concerned considers that the Community rules in question have not been complied with, he or she may bring an action before the national courts in accordance with national procedures. Where appropriate, the competent court may, pursuant to Article 177 of the EC Treaty, refer the matter to the Court of Justice for a preliminary ruling on the interpretation of the said provisions.