# C_2019238EN.01000501.xml

| 15.7.2019 | EN | Official Journal of the European Union | C 238/5 |
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15.7.2019

EN

Official Journal of the European Union

C 238/5

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Request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 2 de Ourense (Spain) lodged on 20 March 2019 — FA v Tesorería General de la Seguridad Social (TGSS)

(Case C-240/19)

(2019/C 238/07)

Language of the case: Spanish

Referring court

Juzgado Contencioso-Administrativo No 2 de Ourense

Parties to the main proceedings

Applicant: FA

Defendant: Tesorería General de la Seguridad Social (TGSS)

Questions referred

| 1. | Where a national provision, such as Article 2(2)(a) of Order TAS 2865/2003, requires that a person must have left a social security scheme in order to be eligible for voluntary insurance or optional continued insurance, must the person concerned have left a Spanish social security scheme or, on the other hand, in accordance with the principle of equal treatment of facts laid down in Article 5(b) of Regulation No 883/2004, (1) must the Spanish competent institution take account of the fact that the person concerned has left a similar social security scheme of another Member State, as though that had occurred in Spain? |
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1.

Where a national provision, such as Article 2(2)(a) of Order TAS 2865/2003, requires that a person must have left a social security scheme in order to be eligible for voluntary insurance or optional continued insurance, must the person concerned have left a Spanish social security scheme or, on the other hand, in accordance with the principle of equal treatment of facts laid down in Article 5(b) of Regulation No 883/2004, (1) must the Spanish competent institution take account of the fact that the person concerned has left a similar social security scheme of another Member State, as though that had occurred in Spain?

| 2. | Where a national provision, such as Article 3(3) of Order TAS 2865/2003, requires evidence of contribution periods as a condition of eligibility for voluntary insurance or optional continued insurance, is it necessary for the person concerned to have been subject to the Spanish legislation at some earlier stage or, in accordance with Article 6 of Regulation No 883/2004, must the competent Spanish institution take account of contribution periods completed under the legislation of another Member State, as though those contribution periods were completed in Spain? |
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2.

Where a national provision, such as Article 3(3) of Order TAS 2865/2003, requires evidence of contribution periods as a condition of eligibility for voluntary insurance or optional continued insurance, is it necessary for the person concerned to have been subject to the Spanish legislation at some earlier stage or, in accordance with Article 6 of Regulation No 883/2004, must the competent Spanish institution take account of contribution periods completed under the legislation of another Member State, as though those contribution periods were completed in Spain?

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(1)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).

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