# C_2014159EN.01001102.xml

| 26.5.2014 | EN | Official Journal of the European Union | C 159/11 |
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26.5.2014

EN

Official Journal of the European Union

C 159/11

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Action brought on 10 January 2014 — European Commission v Republic of Malta

(Case C-12/14)

2014/C 159/15

Language of the case: English

Parties

Parties

Applicant: European Commission (represented by: K. Mifsud-Bonnici, D. Martin, Agents)

Applicant:

Defendant: Republic of Malta

Defendant:

The applicant claims that the Court should:

The applicant claims that the Court should:

| — | declare that, by reducing Maltese old-age pensions by the amount of a United Kingdom civil servant pension under, as the case may be, The Principal Civil Service Pension Scheme, The National Health Service Pension Scheme or The Armed Forces Pension Scheme 1975 in respect of The Royal Air Force, the Republic of Malta has failed to fulfil its obligations under Article 46b of Regulation (EEC) no 1408/71 (1) of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Communities, as amended and consolidated by Regulation 118/97 of 2 December 1996 (2) and Article 54 of Regulation (EC) no 883/2004 (3) of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems; |
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declare that, by reducing Maltese old-age pensions by the amount of a United Kingdom civil servant pension under, as the case may be, The Principal Civil Service Pension Scheme, The National Health Service Pension Scheme or The Armed Forces Pension Scheme 1975 in respect of The Royal Air Force, the Republic of Malta has failed to fulfil its obligations under Article 46b of Regulation (EEC) no 1408/71 (1) of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Communities, as amended and consolidated by Regulation 118/97 of 2 December 1996 (2) and Article 54 of Regulation (EC) no 883/2004 (3) of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;

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| — | order the Republic of Malta to pay the costs. |
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order the Republic of Malta to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The Commission takes the view that Malta has failed to fulfil its obligations under Regulations 1408/71 and 883/2004 by deducting civil service pensions acquired under the legislation of another Member State from Maltese statutory old-age pension. The Commission is of the opinion that the United Kingdom civil service pension schemes are based on legislation and therefore fall within the scope of the said Regulations. The latter prohibit reducing a Maltese old-age pension by the amount of a United Kingdom public service pension. No social security convention concerning United Kingdom public service pensions has been concluded between the United Kingdom and Malta and no Annex to Regulation 1408/71 and 883/2004 contains an entry in respect of Malta, so that the conditions laid down by those Regulations to allow the continued applications of social security conventions are not fulfilled.

As the United Kingdom public service pension schemes do fall within the scope of these Regulations, Articles 46b (1) of Regulation 1408/71 and 54 (1) of Regulation 883/2004 forbid the application of a rule of national law on the prevention of overlapping of benefits such as Section 56 of the Maltese Social Security Act.

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(1)  OJ L 149, p. 2

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(2)  OJ L 28, p. 1

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(3)  OJ L 166, p. 1

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