WRITTEN QUESTION P-2234/00 by Caroline Jackson (PPE-DE) to the Commission. Reduction of Austrian state pension as a result of voluntary contributions made to UK state pensions.
Date: 2000-06-28
Institutions: European Parliament, Provisional data
Subjects: Austria, United Kingdom, application of EU law, competence of the Member States, pension scheme

C 53 E/202

Official Journal of the European Communities

EN

20.2.2001

Answer given by Mrs Diamantopoulou on behalf of the Commission

(24 July 2000)

The Commission would refer the Honourable Member to its answer to written E-3138/98 by Mr Rauti (1).

(1) OJ C 297, 15.10.1999, p. 51.

(2001/C 53 E/264)

WRITTEN QUESTION P-2234/00

by Caroline Jackson (PPE-DE) to the Commission

(28 June 2000)

Subject: Reduction of Austrian state pension as a result of voluntary contributions made to UK state

pensions

In a letter dated 9 November 1999 to Commissioner Diamantopoulou, I asked the Commission to resolve
a very serious problem being faced by a constituent, Mr R.J.E. Girdler. His case concerns his Austrian state
pension and the fact that the Austrian Government is ignoring Regulation (EEC) No 574/72 (1) which,
according to the United Kingdom Department of Social Security, means that voluntary contributions made
to state pension funds of one country should not be taken into account by another country when
calculating their own pension liability: Mr Girdler made voluntary contributions to the UK social security
pensions scheme, since moving back to the UK from Austria, between 1992 and 1997.

Mr Girdler has received numerous letters, many since November 1999, from the Austrian State Pensions
Office upholding their view that they could reduce his Austrian State pension because of the voluntary
contributions which he had made. Despite assurances that this is matter is being looked into, I have still
not received a satisfactory response from the Commission.

Firstly, can the Commission state whether it has looked into the questions raised by my letter of
9 November 1999?

Secondly, is the Austrian Government contravening Regulation (EEC) No 574/72?

Thirdly, if it is found that the Austrian Government is acting unlawfully, what will the Commission do to
remedy this and ensure that the loss in pension which Mr Girdler has suffered is refunded to the full and
lawful amount?

(1) OJ L 74, 27.3.1972, p. 1.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(17 July 2000)

The Commission can inform the Honourable Member that, on receipt of her letter of 9 November 1999, it
wrote to the Austrian authorities asking them to submit their observations on the case she raised. The
Austrian authorities have not yet replied but have informed the Commission that they will do so shortly.

Once the Commission receives a reply from the Austrian authorities, it will examine whether there has
been an infringement of Community law in this case, in particular of Regulations (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 (1) and (EEC) No 574/72 of the Council of 21 March 1972 fixing
the procedure for implementing Regulation (EEC) No 1408/71 (2). If it considers that there has been an
infringement, it could then open proceedings under Article 226 (ex Article 164) of the EC Treaty.

20.2.2001

EN

Official Journal of the European Communities

C 53 E/203

With regard to the question of compensation for a loss in pension, responsibility for ensuring that national
authorities comply with Community provisions, including the payment of damages to individuals, lies
primarily with the national courts.

(1) OJ L 149, 5.7.1971.
(2) OJ L 74, 27.3.1972 Last consolidated version: Council Regulation (EC) No 118/97 of 2 December 1997 (OJ L 28,

30.1.1997).

(2001/C 53 E/265)

WRITTEN QUESTION E-2265/00

by Nirj Deva (PPE-DE) to the Commission

(7 July 2000)

Subject: ACP States

How many full-time EU officials are employed in each EU office in each ACP State?

(2001/C 53 E/266)

WRITTEN QUESTION E-2266/00

by Nirj Deva (PPE-DE) to the Commission

(7 July 2000)

Subject: ACP States

What are the grades of all the full-time employees in each of the EU offices in the ACP States?

(2001/C 53 E/267)

WRITTEN QUESTION E-2267/00

by Nirj Deva (PPE-DE) to the Commission

(7 July 2000)

Subject: ACP States

What is the total annual cost of maintaining the buildings accommodating the EU offices in each ACP
State?

(2001/C 53 E/268)

WRITTEN QUESTION E-2268/00

by Nirj Deva (PPE-DE) to the Commission

(7 July 2000)

Subject: ACP States

In which African, Caribbean and Pacific States does the EU maintain permanent offices?

Joint answer
to Written Questions E-2265/00, E-2266/00, E-2267/00 and E-2268/00
given by Mr Patten on behalf of the Commission

(28 August 2000)

The Commission is sending the information requested direct
Parliament(cid:146)s Secretariat.

to the Honourable Member and to