Case C-440/09: Judgment of the Court (Fifth Chamber) of 3 March 2011 (reference for a preliminary ruling from the Sąd Najwyższy — Poland)) — Zakład Ubezpieczeń Społecznych Oddział w Nowym Sączu v Stanisława Tomaszewska (Social security for migrant workers — Article 45(1) of Regulation (EEC) No 1408/71 — Minimum period required by national law for acquisition of entitlement to a retirement pension — Account to be taken of the period of contribution completed in another Member State — Aggregation — Rules for calculation)
Date: 2011-03-03
Institutions: Court of Justice
Subjects: free movement of workers, interpretation of the law, pension scheme, social security, transfer of pension rights, wage earner








C_2011130EN.01000502.xml










30.4.2011   


EN


Official Journal of the European Union


C 130/5





Judgment of the Court (Fifth Chamber) of 3 March 2011 (reference for a preliminary ruling from the Sąd Najwyższy — Poland)) — Zakład Ubezpieczeń Społecznych Oddział w Nowym Sączu v Stanisława Tomaszewska
(Case C-440/09) (1)

(Social security for migrant workers - Article 45(1) of Regulation (EEC) No 1408/71 - Minimum period required by national law for acquisition of entitlement to a retirement pension - Account to be taken of the period of contribution completed in another Member State - Aggregation - Rules for calculation)
2011/C 130/09
Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings


Applicant: Zakład Ubezpieczeń Społecznych Oddział w Nowym Sączu

Defendant: Stanisława Tomaszewska

Re:

Reference for a preliminary ruling — Sąd Najwyższy — Interpretation of Article 45(1) 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 (OJ, English Special Edition 1971 (II), p. 416) and of Article 15(1)(a) of Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 (OJ, English Special Edition 1972 (I), p. 159) — Early retirement pension based on the duration of contribution periods — Method of calculating benefits — Aggregation of contribution periods completed in another Member State and those completed in the Member State concerned prior to or after the addition of the additional periods provided for under national law and amounting to one third of the contribution periods

Operative part of the judgment

Article 45(1) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 1992/2006 of the European Parliament and of the Council of 18 December 2006, must be interpreted as meaning that, in the determination of the minimum insurance period required by national law for the purpose of the acquisition by a migrant worker of entitlement to a retirement pension, the competent institution of the Member State concerned must take into consideration, for the purposes of determining the limit which non-contribution periods may not exceed in relation to contribution periods, as provided for by the legislation of that Member State, all insurance periods completed in the course of the migrant worker’s career, including those completed in other Member States.


(1)  OJ C 37, 13.2.2010.