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Case Law C-440/09 (03/03/2011)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/03/2011

Subject: The Court affirms that article 45(1) of Council Regulation No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community must be interpreted as meaning that, in the determination of the minimum insurance period required by national law for the purpose of the acquisition by a migrant worker of entitlement to a retirement pension, the competent institution of the Member State concerned must take into consideration, for the purposes of determining the limit which non-contribution periods may not exceed in relation to contribution periods, as provided for by the legislation of that Member State, all insurance periods completed in the course of the migrant worker’s career, including those completed in other Member States.

Parties: Stanisława Tomaszewska

Classification: Solidarity - Art. 34 Social security

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