# C_2015007EN.01000401.xml

| 12.1.2015 | EN | Official Journal of the European Union | C 7/4 |
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12.1.2015

EN

Official Journal of the European Union

C 7/4

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Judgment of the Court (First Chamber) of 5 November 2014 (request for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — Snezhana Somova v Glaven direktor na Stolichno upravlenie ‘Sotsialno osiguryavane’

(Case C-103/13) (1)

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((Reference for a preliminary ruling - Social security - Regulation (EEC) No 1408/71 - Articles 12, 45, 46 and 94 - National legislation making the grant of a pension subject to a condition that old-age insurance contributions be discontinued - Purchase of missing periods of insurance in return for the payment of contributions - Overlapping of periods of insurance in several Member States - Possibility for the insured person to waive the rule relating to the aggregation of periods of contribution and insurance - Cancellation of the pension granted and recovery of any overpayment - Requirement to pay interest))

(2015/C 007/05)

Language of the case: Bulgarian

Referring court

Referring court

Administrativen sad Sofia-grad

Parties to the main proceedings

Parties to the main proceedings

Applicant: Snezhana Somova

Applicant:

Defendant: Glaven direktor na Stolichno upravlenie ‘Sotsialno osiguryavane’

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 49 TFEU precludes legislation of a Member State, such as Article 94(1) of the Social Insurance Code (Kodeks za sotsialnoto osiguryavane), which makes the award of an old-age pension subject to the prior condition of discontinuing the payment of social security contributions relating to activities carried out in another Member State. |
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1.

Article 49 TFEU precludes legislation of a Member State, such as Article 94(1) of the Social Insurance Code (Kodeks za sotsialnoto osiguryavane), which makes the award of an old-age pension subject to the prior condition of discontinuing the payment of social security contributions relating to activities carried out in another Member State.

| 2. | Articles 45, 46(2) and 94(2) 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, in the version 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, must be interpreted as not permitting insured persons to choose that, for the purposes of determining rights acquired in a Member State, periods of insurance completed in another Member State prior to the date of application of that regulation in the first Member State are not taken into account. |
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2.

Articles 45, 46(2) and 94(2) 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, in the version 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, must be interpreted as not permitting insured persons to choose that, for the purposes of determining rights acquired in a Member State, periods of insurance completed in another Member State prior to the date of application of that regulation in the first Member State are not taken into account.

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(1)  OJ C 129, 4.5.2013.

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