Case C-523/13: Judgment of the Court (First Chamber) of 18 December 2014 (request for a preliminary ruling from the Bundessozialgericht — Germany) — Walter Larcher v Deutsche Rentenversicherung Bayern Süd (Reference for a preliminary ruling — Social security for migrant workers — Article 45 TFEU — Article 3(1) of Regulation (EEC) No 1408/71 — Old-age benefits — Principle of non-discrimination — Worker who, prior to retirement, has participated, in a Member State, in a part-time work scheme for older employees — Consideration for entitlement to an old-age pension in another Member State)
Date: 2014-12-18
Institutions: Court of Justice
Subjects: equal treatment, migrant worker, part-time employment, retired person, social security








C_2015065EN.01001101.xml










23.2.2015   


EN


Official Journal of the European Union


C 65/11





Judgment of the Court (First Chamber) of 18 December 2014 (request for a preliminary ruling from the Bundessozialgericht — Germany) — Walter Larcher v Deutsche Rentenversicherung Bayern Süd
(Case C-523/13) (1)

((Reference for a preliminary ruling - Social security for migrant workers - Article 45 TFEU - Article 3(1) of Regulation (EEC) No 1408/71 - Old-age benefits - Principle of non-discrimination - Worker who, prior to retirement, has participated, in a Member State, in a part-time work scheme for older employees - Consideration for entitlement to an old-age pension in another Member State))
(2015/C 065/15)
Language of the case: German

Referring court

Bundessozialgericht

Parties to the main proceedings


Appellant: Walter Larcher

Respondent: Deutsche Rentenversicherung Bayern Süd

Operative part of the judgment







1.


The principle of equal treatment laid down in Article 3(1) of Regulation (EEC) No 1408/71 of the Council 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, precludes legislation of a Member State under which entitlement to an old-age pension following participation in a part-time work scheme for older employees is conditional on that scheme having taken place exclusively under the laws of that Member State;










2.


The principle of equal treatment laid down in Article 3(1) of Regulation No 1408/71, as amended and updated by Regulation (EC) No 118/97, as amended by Regulation No 1992/2006, must be interpreted as meaning that, for the purposes of the recognition in a Member State of participation in a part-time work scheme for older employees which took place in accordance with the legislation of another Member State, it is necessary to undertake a comparative examination of the conditions for the application of such schemes under the legislation of those two Member States, in order to determine on a case-by-case basis whether the differences identified are liable to compromise attainment of the social policy objectives pursued by the legislation at issue in the former Member State.






(1)  OJ C 24, 25.1.2014.