Opinion of the Advocate General — ECLI:EU:C:2026:345
Date: 2026-04-23
Language of the case: German

Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 18 February 2025 – LF v Pensionsversicherungsanstalt (Case C-142/25, Pensionsversicherungsanstalt) Language of the case: German Referring court Oberster Gerichtshof Parties to the main proceedings Appellant on a point of law: LF Respondent in the appeal on a point of law: Pensionsversicherungsanstalt Questions referred Is the first part of the first sentence of Article 44(2) of Regulation (EC) No 987/2009 1 to be interpreted as meaning that the Member State which is competent under Title II of Regulation (EC) No 883/2004 2 generally takes no child-raising period into account under its legislation or takes no child-raising period into account in a particular case? Is Article 21 TFEU to be interpreted as meaning that the Member State responsible for payment of an old-age pension, in the event that the conditions set out in Article 44(2) of Regulation (EC) No 987/2009 – a. pursuit of an activity as an employed or self-employed person in that Member State at the date when the child-raising period started to be taken into account for the child concerned or b. no child-raising period being taken into account by the Member State which is competent under Title II of Regulation (EC) No 883/2004 to coordinate the social security systems – are not satisfied, but the person in question has completed periods of insurance arising from employment both before and after the child-raising periods in the Member State responsible for payment of the benefit, is obliged to take the child-raising periods into account irrespective of the fact that the person, following the child-raising periods, also acquired periods of insurance by reason of pursuit of an employed or self-employed activity in a third Member State? ____________ 1 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ 2009 L 284, p. 1). 1 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).