Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/30/2018

Subject: According to the Court, the classification of a benefit under one of the branches of social security listed in Regulation (EC) No 883/2004 on the coordination of social security systems, made by the competent national authority in the declaration submitted by the Member State, is not definitive. The classification of a social security benefit may be made by the national court concerned, autonomously and on the basis of the elements that constitute the social security benefit at issue, and by referring, if necessary, a question for a preliminary ruling to the Court. Moreover the Court affirmed that a benefit such as that at issue in the main proceedings must be regarded as an ‘old-age benefit’ within the meaning of Regulation No 883/2004

Parties: Czerwiński

Classification: Solidarity - Art. 34 Social security

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