Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/13/2016

Subject: The Court affirmed that Article 45 TFEU precludes national legislation under which a person having the status of civil servant in a Member State who leaves his post voluntarily in order to be employed in another Member State loses his retirement pension rights under the retirement pension scheme for civil servants and is insured retrospectively under the general old-age insurance scheme, conferring entitlement to a retirement pension lower than the retirement pension that would result from those rights. According to the Court, is incumbent on the national court to give full effect to Article 45 TFEU and to grant workers, in a situation such as that at issue in the main proceedings, retirement pension rights which are comparable to those of the civil servants who retain retirement pension rights corresponding, despite a change in public-sector employer, to the years of pensionable service that they have completed, by interpreting domestic law in conformity with that article or, if such an interpretation is not possible, by disapplying any contrary provision of domestic law in order to apply the same arrangements as those applicable to those civil servants

Parties: Pöpperl

Classification: Citizens’ rights - Art. 45 Freedom of movement

Text