62009CO0286_EN
Subject of the case
Operative part
Subject of the case
Re:
Reference for a preliminary ruling – Corte d’appello di Roma – Interpretation of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community – Interpretation of Articles 17, 39 and 42 EC – Old-age pension – Aggregation of insurance periods – Failure to take into account the period of affiliation to the Joint Sickness Insurance Scheme of the European Communities.
Operative part
Operative part:
Article 10 EC, together with the Staff Regulations of Officials of the European Communities, must be interpreted as precluding national legislation that does not permit account to be taken of years worked by a European Union citizen in a European Union institution, such as the Commission of the European Communities, or in a European Union body, such as the Economic and Social Committee, for the purpose of establishing a right to a retirement pension under the national scheme, regardless of whether the person involved takes early retirement or retires at the usual age.