Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/18/2014

Subject: The Court affirmed that the principle of equal treatment, laid down in 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, precludes legislation of a Member State under which entitlement to an old-age pension following participation in a part-time work scheme for older employees is conditional on that scheme having taken place exclusively under the laws of that Member State. The Court added that for the purposes of the recognition in a Member State of participation in a part-time work scheme for older employees which took place in accordance with the legislation of another Member State, it is necessary to undertake a comparative examination of the conditions for the application of such schemes under the legislation of those two Member States, in order to determine on a case-by-case basis whether the differences identified are liable to compromise attainment of the social policy objectives pursued by the legislation at issue in the former Member State.

Parties: Walter Larcher

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 34 Social security - Social services for old age

Text