Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/11/2021

Subject: According to the Court, the EU Law precludes a provision of the law of a Member State which makes, in principle, the full and automatic exclusion from the bankruptcy estate of pension rights accrued under a pension scheme dependent on the requirement that, at the time of the bankruptcy, the pension scheme concerned be tax approved in that Member State, where that requirement is imposed in a situation where an EU citizen who had, prior to becoming bankrupt, exercised his right of free movement by moving permanently to that Member State for the purposes of pursuing a self-employed economic activity there, has pension rights accrued under a pension scheme established and tax approved in his home Member State unless the restriction on freedom of establishment constituted by that national provision is justified in so far as it furthers an overriding reason relating to the public interest, is appropriate to ensure that the objective it pursues is achieved and does not go beyond what is necessary to achieve that objective

Parties: MH e ILA (Droits à pension en cas de faillite)

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

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