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Case Law C-408/14 (10/09/2015)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/10/2015

Subject: The Court affirmed that Article 4(3) TEU, in conjunction with the Staff Regulations of Officials of the European Union, precludes legislation of a Member State, such as that at issue in the main proceedings, which may give rise to the reduction or refusal of a retirement pension payable to an employed person who is a national of that Member State by virtue of the service performed, in accordance with its legislation, where the total number of years of the occupational record acquired by him as an employed person in that Member State and as an EU official posted in that Member State exceeds the ‘occupational record unit’ of 45 years referred to in that legislation, in so far as, owing to the method used to calculate the fraction representing the size of the pension payable by the European Union, that reduction is greater than it would have been had he acquired the whole of his occupational record as an employed person in the Member State in question

Parties: Wojciechowski

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

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