Opinion of the Advocate General — ECLI:EU:C:2008:12
Date: 2008-01-16
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment Social security for migrant workers – Old-age and survivor’s insurance – Calculation of benefit (Council Regulation No 1408/71, Arts 10 and 48(2)) Article 48(2) of Regulation No 1408/71, as amended and updated by Regulation No 631/2004, requires the competent institution of the last Member State in which a worker who is a national of a Member State resided to take into account, in calculating the old‑age pension of that worker, who, when he submits his pension claim, is resident in a non-Member State, of the periods worked in another Member State under the same conditions as if that worker still resided in the Community. However, the detailed arrangements for paying such an old-age pension remain subject to the provisions of the national law of the Member State of the institution responsible for paying the pension. While Article 10 of Regulation No 1408/71 introduces a binding right to have a pension paid in any Member State, neither that regulation nor any provision of Community law requires Member States to pay pensions in non-Member States. (see paras 38-39, operative part)