Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 12/18/2007

Subject: The Court of Justice ruled that the provisions of Regulation (EEC) 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 are incompatible with the freedom of movement for persons in that they render it possible to make the inclusion, for the purposes of the payment of old-age benefits, from the contribution periods completed between 1937 and 1945 on the parts of the territory where the social security legislation of the German Reich was applicable, but which are outside the territory of the Federal Republic of Germany, subject to the condition that the recipient reside in the territory of that Member State. The Court also ruled that the provisions of the same Regulation No 1408/71 are incompatible with Article 39 EC and Article 42 EC in that they render it possible to make the inclusion, for the purposes of the payment of old-age benefits, from the contribution periods completed under the law on pension rights acquired by contribution abroad between 1953 and 1970 in Romania subject to the condition that the recipient reside in the territory of the Federal Republic of Germany.

Parties: Habelt, Möser, Wachter c/ Deutsche Rentenversicherung Bund

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

Text