Opinion of the Advocate General — ECLI:EU:C:2001:210
Date: 2001-04-05
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Principles, objectives and tasks of the Treaties;Social security for migrant workers;Free movement of workers;Anti-discrimination;Non-discrimination on grounds of nationality
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 
1. International agreements — Agreements concluded by Member States — Bilateral 
convention concluded between a Member State and a non-member country — 
Obligations on the Member State to implement undertakings which it has 
assumed — Compliance with the fundamental principle that Community nationals 
should be treated equally 
(Art. 307 EC) 
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SUMMARY — CASE C-55/00 
2. Social security for migrant workers — Insurance relating to old age and death — 
Calculation of insurance periods — Bilateral convention concluded between a 
Member State and a non-member country recognising, for the purpose of acquiring 
the right to benefits in the Member State, that account may be taken of periods of 
insurance completed under the legislation of the non-member country by nationals of 
that Member State — Obligation on the Member State to take account of such periods 
completed by a national of another Member State — Prohibition of discrimination on 
grounds of nationality 
(Art. 39 EC; Council Regulation No 1408/71, Art. 1(j)) 
1. When a Member State concludes a 
bilateral international convention with 
a non-member country, the fundamen­
tal principle of equal treatment 
requires that Member State to grant 
nationals of other Member States the 
same advantages as those which its 
own nationals enjoy under that con­
vention unless it can provide objective 
justification for refusing to do so. 
When giving effect to commitments 
assumed under international agree­
ments, be it an agreement between 
Member States or an agreement 
between a Member State and one or 
more non-member countries, Member 
States are required, subject to the 
provisions of Article 307 EC, to 
comply with the obligations that Com­
munity law imposes on them. The fact 
that non-member countries, for their 
part, are not obliged to comply with 
any Community-law obligation is of no 
relevance in this respect. 
(see paras 33-34) 
2. The competent social security auth­
orities of one Member State are 
required, pursuant to their Community 
obligations under Article 39 EC, to 
take account, for purposes of the 
acquisition of rights to old-age benefits, 
of periods of insurance completed in a 
non-member country by a national of a 
second Member State in circumstances 
where, under identical conditions of 
contribution, those competent auth­
orities will take such periods into 
account where they have been com­
pleted by nationals of the first Member 
State pursuant to a bilateral inter­
national convention concluded 
between that Member State and the 
non-member country. 
(see para. 39 and operative part) 
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