Case C-283/21,  Deutsche Rentenversicherung Bund: Judgment of the Court (Second Chamber) of 22 February 2024 (request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen - Germany) – VA v Deutsche Rentenversicherung Bund (Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 987/2009 – Article 44(2) – Scope – Pension for total incapacity for work – Calculation – Taking into account of child raising-periods completed in another Member State – Applicability – Article 21 TFEU – Free movement of citizens – Sufficient link between those child-raising periods and the periods of insurance completed in the Member State responsible for payment of the pension)
Date: 2024-02-22
Institutions: Court of Justice
Subjects: free movement of workers, incapacity for work, migrant worker, pension scheme, social security legislation, social-security contribution, social-security harmonisation








C_202402384EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/2384


8.4.2024





Judgment of the Court (Second Chamber) of 22 February 2024 (request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen — Germany) — VA v Deutsche Rentenversicherung Bund
(Case C-283/21, (1) Deutsche Rentenversicherung Bund)
(Reference for a preliminary ruling - Social security for migrant workers - Regulation (EC) No 987/2009 - Article 44(2) - Scope - Pension for total incapacity for work - Calculation - Taking into account of child raising-periods completed in another Member State - Applicability - Article 21 TFEU - Free movement of citizens - Sufficient link between those child-raising periods and the periods of insurance completed in the Member State responsible for payment of the pension)
(C/2024/2384)
Language of the case: German

Referring court

Landessozialgericht Nordrhein-Westfalen

Parties to the main proceedings


Applicant: VA

Defendant: Deutsche Rentenversicherung Bund

Joined party: RB

Operative part of the judgment

Article 21 TFEU must be interpreted as meaning that, for the purposes of the grant of a pension for total incapacity for work, where the person concerned does not satisfy the condition of pursuing an activity as an employed or self-employed person imposed by Article 44(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems in order to have taken into account, by the Member State responsible for payment of that pension, child-raising periods which he or she completed in another Member State, but has exclusively completed periods of insurance in the first Member State, by virtue of periods of training or occupational activity, both before and after the completion of those child-raising periods, that Member State is required to take those child-raising periods into account despite the fact that that person did not pay contributions in that Member State before or immediately after those child-raising periods.


(1)  
            OJ C 310, 2.8.2021.


ELI: http://data.europa.eu/eli/C/2024/2384/oj
ISSN 1977-091X (electronic edition)