Opinion of the Advocate General — ECLI:EU:C:2010:675
Date: 2010-11-11
Language of the case: Dutch
Subject matter: Social security for migrant workers;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment 1. Social security for migrant workers – Provisions of the Treaty – Article 48 TFEU – No direct effect (Art. 48 TFEU) 2. Freedom of movement for persons – Workers – Equal treatment – Supplementary pension – Conditions of acquisition governed by a collective agreement (Art. 45 TFEU) 1. Article 48 TFEU does not have any direct effect that may be relied on by an individual against his private-sector employer in proceedings before national courts. (see para. 16, operative part 1) 2. In the context of the mandatory application of a collective labour agreement, it is contrary to Article 45 TFEU: – in determining the period for the acquisition of definitive entitlements to supplementary pension benefits in a Member State, for the years of service completed by a worker for the same employer in establishments of that employer situated in different Member States and pursuant to the same coordinating contract of employment not to be included; – for a worker who has been transferred from an establishment of his employer in one Member State to an establishment of the same employer in another Member State to be regarded as having left the employer of his own free will. (see para. 36, operative part 2)