European Court of Justice rules in Case C-523/13, Larcher (Freedom of movement for workers – Article 3(1) of Regulation (EEC) No 1408/71)

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December 19, 2014

On December 18, 2014 the European Court of Justice (CJEU) ruled in Case C-523/13, Walter Larcher versus Deutsche Rentenversicherung Bayern Süd (ECLI:EU:C:2014:2458).

 

The following questions were referred to the CJEU for a preliminary ruling:

  1. Does the principle of [equal treatment] laid down in Article 39(2) EC (now Article 45(2) TFEU) and Article 3(1) of Regulation [No 1408/71] preclude a provision [of the national law of a Member State] under which a pre-condition for entitlement to an old-age pension following part-time work for older employees is that the part-time work for older employees must have been pursued under the legislation of that Member State, and not of another Member State?
  2. If so, what requirements does the principle of equal treatment laid down in Article 39(2) EC … and Article 3(1) of Regulation No 1408/71 impose on the assimilation of part-time work for older employees completed under the legislation of the other Member State as a pre-condition for entitlement to a national old-age pension?
    1. Is a comparative examination of the conditions for part-time work for older employees needed?
    2. If so, is it sufficient that the part-time work for older employees in both Member States is essentially the same in content, in terms of its function and structure?
    3. Or must the conditions for part-time work for older employees in both Member States be identical in content?

 

The CJEU ruled as follows:

  1. The principle of equal treatment laid down in Article 3(1) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 1992/2006 of the European Parliament and of the Council of 18 December 2006, 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.
  2. The principle of equal treatment laid down in Article 3(1) of Regulation No 1408/71, as amended and updated by Regulation (EC) No 118/97, as amended by Regulation No 1992/2006, must be interpreted as meaning 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.

 

For further information click here to be forwarded to the text of the ruling as published on the website of the Court of Justice, which will open in a new window.



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