Order of the Court (Ninth Chamber) of 22 April 2015 — E.S.

(Case C‑646/13) ( 1 )

‛Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Social security for migrant workers — Regulation (EC) No 883/2004 — Article 8(1) — Applicability of social security conventions between Member States — Repatriated refugee originating in a Member State — Completion of periods of employment within the territory of another Member State — Application for the grant of an old-age benefit — Application refused’

1. Questions referred for a preliminary ruling — Questions identical to questions already answered in the case law — Application of Article 99 of the Rules of Procedure (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 99) (see paras 20-24)

2. Social security — Migrant workers — EU legislation — Substitution for social security conventions between Member States — Mandatory nature — Bilateral agreement which relates to the social security benefits of nationals of one of the signatory States who had the status of political refugee in the territory of the other signatory State — Agreement not referred to in Annex II to Regulation No 883/2004 — Displacement before conclusion of the agreement — Agreement inapplicable (European Parliament and Council Regulation No 883/2004, Art. 8(1) and Annex II) (see para. 25, operative part)

Operative part

Article 8(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as amended by Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009, must be interpreted as meaning that a bilateral convention on social security benefits for nationals of one of the signatory States who had political-refugee status within the territory of the other signatory State, which was concluded at a date on which one of the two signatory States had not yet acceded to the European Union and which does not feature in Annex II to that regulation, does not remain applicable to the situation of political refugees repatriated to their State of origin prior to the conclusion of the bilateral convention and the entry into force of that regulation.

( 1 ) OJ C 39, 8.2.2014.

Order of the Court (Ninth Chamber) of 22 April 2015 — E.S.

(Case C‑646/13) ( 1 )

‛Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Social security for migrant workers — Regulation (EC) No 883/2004 — Article 8(1) — Applicability of social security conventions between Member States — Repatriated refugee originating in a Member State — Completion of periods of employment within the territory of another Member State — Application for the grant of an old-age benefit — Application refused’

1. Questions referred for a preliminary ruling — Questions identical to questions already answered in the case law — Application of Article 99 of the Rules of Procedure (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 99) (see paras 20-24)

2. Social security — Migrant workers — EU legislation — Substitution for social security conventions between Member States — Mandatory nature — Bilateral agreement which relates to the social security benefits of nationals of one of the signatory States who had the status of political refugee in the territory of the other signatory State — Agreement not referred to in Annex II to Regulation No 883/2004 — Displacement before conclusion of the agreement — Agreement inapplicable (European Parliament and Council Regulation No 883/2004, Art. 8(1) and Annex II) (see para. 25, operative part)

Operative part

Article 8(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as amended by Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009, must be interpreted as meaning that a bilateral convention on social security benefits for nationals of one of the signatory States who had political-refugee status within the territory of the other signatory State, which was concluded at a date on which one of the two signatory States had not yet acceded to the European Union and which does not feature in Annex II to that regulation, does not remain applicable to the situation of political refugees repatriated to their State of origin prior to the conclusion of the bilateral convention and the entry into force of that regulation.

( 1 ) OJ C 39, 8.2.2014.