# C_2018052EN.01000401.xml

| 12.2.2018 | EN | Official Journal of the European Union | C 52/4 |
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12.2.2018

EN

Official Journal of the European Union

C 52/4

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Judgment of the Court (Fifth Chamber) of 7 December 2017 (request for a preliminary ruling from the Högsta förvaltningsdomstolen -- Sweden) — Boguslawa Zaniewicz-Dybeck v Pensionsmyndigheten

(Case C-189/16) (1)

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((Reference for a preliminary ruling - Social security for migrant workers - Regulation (EEC) No 1408/71 - Article 46(2) - Article 47(1)(d) - Article 50 - Guaranteed pension - Minimum benefit - Calculation of pension entitlement))

(2018/C 052/05)

Language of the case: Swedish

Referring court

Referring court

Högsta förvaltningsdomstolen

Parties to the main proceedings

Parties to the main proceedings

Applicant: Boguslawa Zaniewicz-Dybeck

Applicant:

Defendant: Pensionsmyndigheten

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | 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 Council Regulation (EC) No 1606/98 of 29 June 1998, is to be interpreted as meaning that, when the competent institution of a Member State calculates a minimum benefit, such as the guaranteed pension at issue in the main proceedings, it is not inappropriate to apply Article 46(2) or Article 47(1)(d) of the regulation. Such a benefit must be calculated in accordance with Article 50 of the regulation, in conjunction with the provisions of national law, without, however, applying national provisions, such as those in the main proceedings, providing for a pro rata calculation; |
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1.

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 Council Regulation (EC) No 1606/98 of 29 June 1998, is to be interpreted as meaning that, when the competent institution of a Member State calculates a minimum benefit, such as the guaranteed pension at issue in the main proceedings, it is not inappropriate to apply Article 46(2) or Article 47(1)(d) of the regulation. Such a benefit must be calculated in accordance with Article 50 of the regulation, in conjunction with the provisions of national law, without, however, applying national provisions, such as those in the main proceedings, providing for a pro rata calculation;

| 2. | Regulation No 1408/71, as amended and updated by Regulation No 118/97, as amended by Regulation No 1606/98, and in particular Article 50 of that regulation, is to be interpreted as not precluding the legislation of a Member State under which, when calculating a minimum benefit such as the guaranteed pension at issue in the main proceedings, the competent institution must take account of all the retirement pensions which the person concerned actually receives from one or more other Member States. |
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2.

Regulation No 1408/71, as amended and updated by Regulation No 118/97, as amended by Regulation No 1606/98, and in particular Article 50 of that regulation, is to be interpreted as not precluding the legislation of a Member State under which, when calculating a minimum benefit such as the guaranteed pension at issue in the main proceedings, the competent institution must take account of all the retirement pensions which the person concerned actually receives from one or more other Member States.

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(1)  OJ C 211, 13.6.2016.

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