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Case Law C-233/12 (04/07/2013)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/04/2013

Subject: The Court affirmed that EU law does not preclude rules of a Member State which do not allow its nationals employed in an international organisation such as the EPO, 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. However, 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, EU law precludes 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 EPO, established in the territory of another Member State, for the purposes of conferring entitlement to an old-age pension.

Parties: Simone Gardella

Classification: Solidarity - Art. 34 Social security - Citizens’ rights - Art. 45 Freedom of movement

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