# C_2011232EN.01000601.xml

| 6.8.2011 | EN | Official Journal of the European Union | C 232/6 |
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6.8.2011

EN

Official Journal of the European Union

C 232/6

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Judgment of the Court (Fourth Chamber) of 22 June 2011 (reference for a preliminary ruling from the Nejvyšší správní soud (Czech Republic)) — Marie Landtová v Česká správa socialního zabezpečení

(Case C-399/09) (1)

(Freedom of movement for workers - Social security - Agreement on social security entered into by two Member States before accession to the European Union - Member State competent to determine the value of completed periods of insurance - Old-age pension - Supplementary benefit paid solely to nationals and residents of a Member State)

(2011/C 232/09)

Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings

Applicant: Marie Landtová

Defendant: Česká správa socialního zabezpečení

Re:

Request for a preliminary ruling — Nejvyšší správní soud — Interpretation of Article 12 EC and Articles 3(1) and 7(2)(c), 10 and 46 of Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self employed persons and to members of their families moving within the Community (OJ 1971 L 149, p. 2) together with point 6 of Part A of Annex III thereto — Old age pension — Determination of the Member State competent to determine the value of completed periods of insurance — Effects of Community legislation on an agreement on social security between two Member States entered into before their accession to the European Union.

Operative part of the judgment

| 1. | The provisions of point 6 of Annex III(A) to Council Regulation (EC) 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, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996 and as amended by Regulation (EC) No 629/2006 of the European Parliament and of the Council of 5 April 2006, read in conjunction with Article 7(2)(c) thereof, do not preclude a national rule, such as that at issue in the main proceedings, which provides for payment of a supplement to old age benefit where the amount of that benefit, granted pursuant to Article 20 of the bilateral agreement between the Czech Republic and the Slovak Republic signed on 29 October 1992 as a measure to regulate matters after the dissolution of the Czech and Slovak Federal Republic, is lower than that which would have been received if the retirement pension had been calculated in accordance with the legal rules of the Czech Republic. |
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1.

The provisions of point 6 of Annex III(A) to Council Regulation (EC) 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, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996 and as amended by Regulation (EC) No 629/2006 of the European Parliament and of the Council of 5 April 2006, read in conjunction with Article 7(2)(c) thereof, do not preclude a national rule, such as that at issue in the main proceedings, which provides for payment of a supplement to old age benefit where the amount of that benefit, granted pursuant to Article 20 of the bilateral agreement between the Czech Republic and the Slovak Republic signed on 29 October 1992 as a measure to regulate matters after the dissolution of the Czech and Slovak Federal Republic, is lower than that which would have been received if the retirement pension had been calculated in accordance with the legal rules of the Czech Republic.

| 2. | The combined provisions of Article 3(1) and Article 10 of Regulation No 1408/71, as amended by Regulation No 629/2006, preclude a national rule, such as that at issue in the main proceedings, which allows payment of a supplement to old age benefit solely to Czech nationals residing in the territory of the Czech Republic, but it does not necessarily follow, under European Union law, that an individual who satisfies those two requirements should be deprived of such a payment. |
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2.

The combined provisions of Article 3(1) and Article 10 of Regulation No 1408/71, as amended by Regulation No 629/2006, preclude a national rule, such as that at issue in the main proceedings, which allows payment of a supplement to old age benefit solely to Czech nationals residing in the territory of the Czech Republic, but it does not necessarily follow, under European Union law, that an individual who satisfies those two requirements should be deprived of such a payment.

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(1)  OJ C 24, 30.1.2010.

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