Opinion of the Advocate General — ECLI:EU:C:2019:596
Date: 2019-07-11
Language of the case: Spanish
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: Spain

Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (Spain) lodged on 15 June 2018 — Antonio Bocero Torrico v Instituto Nacional de la Seguridad Social and Tesorería General de la Seguridad Social (Case C-398/18) Language of the case: Spanish Referring court Tribunal Superior de Justicia de Galicia Parties to the main proceedings Appellant: Antonio Bocero Torrico Respondents: Instituto Nacional de la Seguridad Social and Tesorería General de la Seguridad Social Question referred Must Article 48 TFEU be interpreted as meaning that it precludes national legislation which requires as a condition for access to an early retirement pension that the amount of the pension to be received must be higher than the minimum pension which would be due to the person concerned under that same national legislation, the term ‘pension to be received’ being interpreted as the actual pension from the competent Member State (in this case, Spain) alone, without also taking into account the actual pension which that person may receive through another benefit of the same kind from one or more other Member States? ____________