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Case Law C-127/11 (07/03/2013)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/07/2013

Subject: The Court affirmed that Regulation, on the application of social security schemes to employed persons, to self employed persons and to members of their families moving within the Community, does not preclude the application of legislative rules of a Member State containing a provision under which a survivor’s pension received in that Member State is reduced as a result of the increase in an old age pension received under the legislation of another Member State. Article 45 TFEU likewise does not preclude the application of such national legislative rules in so far as they do not lead, in respect of the person concerned, to an unfavourable situation in comparison with that of a person whose situation has no cross-border element, and, if such a disadvantage is established, in so far as it is justified by objective considerations and is proportionate in relation to the objective legitimately pursued by national law.

Parties: Aldegonda van den Booren

Classification: Solidarity - Art. 34 Social services for old age

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