# C_2017006EN.01000401.xml

| 9.1.2017 | EN | Official Journal of the European Union | C 6/4 |
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9.1.2017

EN

Official Journal of the European Union

C 6/4

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Judgment of the Court (First Chamber) of 27 October 2016 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — Raad van bestuur van de Sociale verzekeringsbank v F. Wieland, H. Rothwangl

(Case C-465/14) (1)

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((Reference for a preliminary ruling - Articles 18 and 45 TFEU - Social security for migrant workers - Regulation (EEC) No 1408/71 - Articles 3 and 94 - Regulation (EC) No 859/2003 - Article 2(1) and (2) - Old-age and survivor’s insurance - Former seafarers who are nationals of a third country which became a Member State of the European Union in 1995 - Excluded from entitlement to old-age benefit))

(2017/C 006/04)

Language of the case: Dutch

Referring court

Referring court

Centrale Raad van Beroep

Parties to the main proceedings

Parties to the main proceedings

Appellant: Raad van bestuur van de Sociale verzekeringsbank

Appellant:

Respondents: F. Wieland, H. Rothwangl

Respondents:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 94(1) and (2) of Council Regulation (EEC) No 1408/71 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 647/2005 of the European Parliament and of the Council of 13 April 2005, must be interpreted as not precluding legislation of a Member State that does not take into account, when determining rights to old-age pension, an insurance period claimed to have been completed under its own legislation by a foreign worker when the State of which that worker is a national acceded to the European Union after the completion of that period; |
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1.

Article 94(1) and (2) of Council Regulation (EEC) No 1408/71 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 647/2005 of the European Parliament and of the Council of 13 April 2005, must be interpreted as not precluding legislation of a Member State that does not take into account, when determining rights to old-age pension, an insurance period claimed to have been completed under its own legislation by a foreign worker when the State of which that worker is a national acceded to the European Union after the completion of that period;

| 2. | Articles 18 and 45 TFEU must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, under which a seafarer who, over a specified period, was part of the crew of a vessel which had its home port in the territory of that Member State and who resided aboard that vessel, is excluded from benefiting from old-age insurance in respect of that period on the ground that he was not a national of a Member State during that period; |
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2.

Articles 18 and 45 TFEU must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, under which a seafarer who, over a specified period, was part of the crew of a vessel which had its home port in the territory of that Member State and who resided aboard that vessel, is excluded from benefiting from old-age insurance in respect of that period on the ground that he was not a national of a Member State during that period;

| 3. | Article 2(1) and (2) of Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, must be interpreted as not precluding legislation of a Member State which provides that a period of employment — completed pursuant to the legislation of that Member State by an employed worker who was not a national of a Member State during that period but who, when he requests the payment of an old-age pension, falls within the scope of Article 1 of that regulation — is not to be taken into consideration by that Member State for the determination of that worker’s pension rights. |
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3.

Article 2(1) and (2) of Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, must be interpreted as not precluding legislation of a Member State which provides that a period of employment — completed pursuant to the legislation of that Member State by an employed worker who was not a national of a Member State during that period but who, when he requests the payment of an old-age pension, falls within the scope of Article 1 of that regulation — is not to be taken into consideration by that Member State for the determination of that worker’s pension rights.

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(1)  OJ C 448, 15.12.2014.

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