Opinion of the Advocate General — ECLI:EU:C:2005:272
Date: 2005-05-04
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment Social security for migrant workers — Insurance relating to old age and death — Calculation of benefits — Determination of the theoretical amount — Inclusion of the amount necessary to reach the minimum pension under national legislation of a Member State — Not included — Conditions (Council Regulation No 1408/71, Art. 46(2)(a)) Article 46(2)(a) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, in the version amended and updated by Regulation No 2001/83, as amended by Regulation No 3096/95, must be interpreted as meaning that, in order to determine the theoretical amount of the pension on which the calculation of the pro rata pension is based, the competent institution is not required to take into consideration a supplement intended to bring the pension to the minimum level under national legislation where, on account of the fact that the income limits fixed by the national legislation on that supplement are exceeded, an insured person who has worked exclusively in the Member State concerned cannot lay claim to such a supplement. (see para. 38, operative part)