Opinion of the Advocate General — ECLI:EU:C:2004:680
Date: 2004-10-28
Language of the case: Spanish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social security for migrant workers;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary of the Judgment Social security for migrant workers – Old-age and death insurance – Periods to be taken into consideration – National legislation not taking into consideration, for acquiring the right to benefits, periods of insurance completed in the territory of the State as an unemployed person – Whether permissible (Arts 39 EC and 42 EC; Council Regulation No 1408/71, Art. 45) Articles 39 EC and 42 EC and Article 45 of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 1606/98, must be interpreted as not precluding a national provision which does not allow the competent authorities of a Member State to take into consideration, for the purposes of acquiring the right to a retirement pension under the national scheme, certain periods of insurance completed on the territory of that State by an unemployed worker during which contributions to old-age insurance were paid by the unemployment benefit agency, such periods being taken into consideration solely for the calculation of the amount of that pension. (see para. 38, operative part)