Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/15/2022

Subject: The Court of Justice affirmed that the conflict rules laid down in Regulation (EC) No 883/2004 on the coordination of social security systems are not applicable to the situation of a person who resides in the Member State in which the centre of interests of his or her activities is also situated, whilst pursuing an activity – which is distributed unevenly – in two other Member States, where it is necessary to determine whether that person has direct rights vis-à-vis the institutions of one of those two other Member States by virtue of contributions paid during a given period. According to the Court, EU Law precludes national legislation which makes the award of an early retirement pension applied for conditional on the waiver by the person concerned of the right to practise as a lawyer, without taking into account, in particular, the Member State in which the activity concerned is pursued

Parties: Rechtsanwaltskammer Wien

Classification: Solidarity - Art. 34 Social security

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