Keywords

Summary



Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - VOLUNTARY INSURANCE - SPECIAL WAYS OF GIVING EFFECT TO CERTAIN LAWS - FEDERAL REPUBLIC OF GERMANY - PARAGRAPHS 8 AND 9 OF PART C OF ANNEX V TO REGULATION NO 1408/71 - CONDITION OF RETROGRESSIVE BUYING-IN LAID DOWN BY NATIONAL LEGISLATION - SCOPE - GERMAN NATIONAL WHO HAS PAID CONTRIBUTIONS TO OLD-AGE PENSION INSURANCE IN ANOTHER MEMBER STATE

( PARAGRAPHS 8 AND 9 OF PART C OF ANNEX V TO REGULATION NO 1408/71 OF THE COUNCIL , AS AMENDED BY REGULATION NO 1392/74 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - VOLUNTARY INSURANCE - SPECIAL WAYS OF GIVING EFFECT TO CERTAIN LAWS - FEDERAL REPUBLIC OF GERMANY - PARAGRAPHS 8 AND 9 OF PART C OF ANNEX V TO REGULATION NO 1408/71 - CONDITION OF RETROGRESSIVE BUYING-IN LAID DOWN BY NATIONAL LEGISLATION - DISCRIMINATION AGAINST GERMAN WORKERS AND FOREIGNERS RESIDING IN THE FEDERAL REPUBLIC OF GERMANY - NONE

( PARAGRAPHS 8 AND 9 OF PART C OF ANNEX V TO REGULATION NO 1408/71 OF THE COUNCIL , AS AMENDED BY REGULATION NO 1392/74 )

3 . COMMUNITY LAW - PRINCIPLES - EQUAL TREATMENT - CONCEPT

Summary

1 . IT FOLLOWS FROM THE OBJECTS AND THE WORDING OF PARAGRAPHS 8 AND 9 OF PART C OF ANNEX V TO REGULATION NO 1408/71 ( AS AMENDED BY REGULATION NO 1392/74 ) THAT THOSE PROVISIONS AND IN PARTICULAR THE FIRST SENTENCE OF PARAGRAPH 9 ARE INTENDED TO ENABLE THE REQUIREMENT OF RETROGRESSIVE BUYING-IN SET FORTH IN ARTICLE 49A ( 2 ) OF THE ANGESTELLTENVERSICHERUNGS-NEUREGELUNGSGESETZ ( CLERICAL STAFF PENSION REFORM LAW ), AS AMENDED BY THE RENTENREFORMGESETZ ( PENSION REFORM LAW ) OF 16 OCTOBER 1972 , TO CONTINUE TO EXIST IN THE LEGISLATION OF THE FEDERAL REPUBLIC OF GERMANY EVEN THOUGH THE MOST RECENT PERIODS CORRESPOND TO PERIODS IN WHICH CONTRIBUTIONS WERE COMPULSORY IN ANOTHER MEMBER STATE . WHENEVER A GERMAN NATIONAL OR A NATIONAL OF ANOTHER MEMBER STATE RESIDING IN THE FEDERAL REPUBLIC OF GERMANY CLAIMS THE BENEFIT OF ARTICLE 49A ( 2 ) THE CONTRIBUTION PERIODS IN OTHER MEMBER STATES ARE NOT THEREFORE REGARDED AS ' ' COVERED ' ' BUT MUST BE BOUGHT IN FIRST IF THEY ARE MORE RECENT THAN NATIONAL PERIODS WHICH ARE IN FACT NOT COVERED . ON THE OTHER HAND , THAT REQUIREMENT MAY NOT BE APPLIED AGAINST THE PERSONS REFERRED TO IN PARAGRAPH 8 ( B ) AND ( C ) WHO , MOREOVER , ARE NOT IN ANY EVENT ALLOWED TO BUY-IN PERIODS COMPLETED IN OTHER MEMBER STATES .

CONSEQUENTLY A GERMAN NATIONAL WHO HAS PAID CONTRIBUTIONS TO OLD-AGE PENSION INSURANCE IN ANOTHER MEMBER STATE AND WHO SUBSEQUENTLY WISHES TO PAY A POSTERIORI , BUT WITH RETROACTIVE EFFECT WITHIN THE MEANING OF ARTICLE 49A ( 2 ) OF THE CLERICAL STAFF PENSION REFORM LAW GERMAN PENSION CONTRIBUTIONS IN RESPECT OF PREVIOUS PERIODS , MAY BE REQUIRED TO PAY GERMAN CONTRIBUTIONS IN RESPECT OF PERIODS COVERED BY CONTRIBUTIONS IN ANOTHER MEMBER STATE .

2 . THE DIFFERENCE IN TREATMENT WHICH IS INDISPUTABLY APPLIED BY PARAGRAPHS 8 AND 9 OF PART C OF ANNEX V TO REGULATION NO 1408/71 ( AS AMENDED BY REGULATION NO 1392/74 ) BETWEEN , ON THE ONE HAND , GERMAN WORKERS AND FOREIGNERS RESIDING IN THE FEDERAL REPUBLIC OF GERMANY - REFERRED TO IN THE FIRST SENTENCE OF PARAGRAPH 9 - AND , ON THE OTHER HAND , WORKERS FROM OTHER MEMBER STATES - REFERRED TO IN THE SECOND SENTENCE OF PARAGRAPH 9 - DOES NOT CONSTITUTE DISCRIMINATION AGAINST THE FORMER .

AN EXAMINATION OF THE ADVANTAGES AND DRAWBACKS OF THE TWO LEGAL SITUATIONS WHICH HAVE TO BE COMPARED SHOWS IN FACT THAT THEY CANNOT BE REGARDED AS BEING MORE FAVOURABLE TO ONE THAN TO THE OTHER CATEGORY OF WORKERS CONCERNED .

3 . THE GENERAL PRINCIPLE OF EQUALITY , OF WHICH THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF NATIONALITY IS MERELY A SPECIFIC ENUNCIATION , IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THIS PRINCIPLE REQUIRES THAT SIMILAR SITUATIONS SHALL NOT BE TREATED DIFFERENTLY UNLESS DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .