# C_2022418EN.01000801.xml

| 31.10.2022 | EN | Official Journal of the European Union | C 418/8 |
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31.10.2022

EN

Official Journal of the European Union

C 418/8

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Judgment of the Court (Seventh Chamber) of 15 September 2022 (request for a preliminary ruling from the Verwaltungsgericht Wien — Austria) — FK

(Case C-58/21) (1)

(Reference for a preliminary ruling - Coordination of social security systems - Regulation (EC) No 883/2004 - Article 13 - Determination of the legislation applicable - Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons - Annex II - Article 1(2) - Person pursuing the profession of lawyer the centre of interest of whose private and professional activities is situated in Switzerland and who also pursues that profession in two other Member States - Application for the award of an early retirement pension - National legislation requiring that the person concerned waive his right to practise the profession in question in the territory of the Member State concerned and abroad)

(2022/C 418/10)

Language of the case: German

Referring court

Verwaltungsgericht Wien

Parties to the main proceedings

Applicant: FK

Interested party: Rechtsanwaltskammer Wien

Operative part of the judgment

| 1. | The conflict rules laid down in Article 13(2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 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. |
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1.

The conflict rules laid down in Article 13(2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 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.

| 2. | Articles 45 and 49 TFEU must be interpreted as precluding 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. |
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2.

Articles 45 and 49 TFEU must be interpreted as precluding 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.

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(1)  OJ C 163, 3.5.2021.

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