Judgment of the Court of 26 June 1975. - Ulrich Horst v Bundesknappschaft. - Reference for a preliminary ruling: Bundessozialgericht - Germany. - Case 6-75.
European Court reports 1975 Page 00823
Greek special edition Page 00265
Portuguese special edition Page 00295
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
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SOCIAL SECURITY - MIGRANT WORKERS - ALGERIA - PENSIONS - CALCULATION - INSURANCE PERIODS COMPLETED BEFORE 19 JANUARY 1965 - TAKING INTO CONSIDERATION
( REGULATION NO 109/65 OF THE COUNCIL, ARTICLE 16 ( 2 ))
Summary
IN SO FAR AS IS NECESSARY FOR THE ACQUISITION, THE MAINTENANCE OR THE RECOVERY OF THE RIGHT TO BENEFITS, INSURANCE PERIODS COMPLETED IN ALGERIA BEFORE 19 JANUARY 1965 MUST BE TAKEN INTO CONSIDERATION IN CALCULATING THE PENSIONS REFERRED TO IN CHAPTERS 2 AND 3 OF REGULATION NO 3 EVEN IF THE RISK MATERIALIZES AND THE CLAIM FOR A PENSION IS MADE AFTER THAT DATE .
Parties
IN CASE 6/75
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE VTH SENATE OF THE BUNDESSOZIALGERICHT FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN :
ULRICH HORST, HANNOVER-BUCHHOLZ
AND
BUNDESKNAPPSCHAFT, BOCHUM
Subject of the case
ON THE INTERPRETATION OF CHAPTERS 2 AND 3, AND ARTICLE 8 OF REGULATION NO 3 OF THE COUNCIL CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS
Grounds
1 BY AN ORDER DATED 4 DECEMBER 1974, WHICH REACHED THE COURT REGISTRY ON 22 JANUARY 1975, THE BUNDESSOZIALGERICHT REQUESTED THE COURT OF JUSTICE TO GIVE A PRELIMINARY RULING ON TWO QUESTIONS RELATING TO THE INTERPRETATION OF CHAPTERS 2 AND 3 AND ARTICLE 8 OF REGULATIONS NO 3 OF THE COUNCIL, CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS .
2 THESE ARGUMENTS WERE RAISED IN THE COURSE OF A CASE RELATING TO A REQUEST FOR INSURANCE PERIODS COMPLETED BY A GERMAN WORKER IN ALGERIA TO BE TAKEN INTO ACCOUNT IN CALCULATING HIS PENSION FOR TOTAL DISABILITY .
THE FIRST QUESTION
3 IN THE FIRST QUESTION IT IS ASKED WHETHER PENSION RIGHTS ACCRUED AS THE RESULT OF CONTRIBUTIONS PAID BY A GERMAN IN ALGERIA BEFORE 19 JANUARY 1965 TO THE CAISSE AUTONOME DE RETRAITE ET DE PREVOYANCE DES MINES D'ALGERIE ARE ALSO TO BE TAKEN INTO CONSIDERATION FOR CALCULATING A PENSION UNDER CHAPTERS 2 AND 3 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC, WHEN THE RISK INSURED AGAINST MATERIALIZES, AND THE CLAIM OF THE INSURED PERSON, WHO NOW RESIDES IN THE FEDERAL REPUBLIC OF GERMANY, IS MADE ONLY AFTER THIS DATE .
4 THE PROVISIONS OF THE ABOVEMENTIONED CHAPTERS 2 AND 3 REGULATE THE DETERMINATION OF THE BENEFITS WHICH AN INSURED PERSON MAY CLAIM .
5 IN PARTICULAR ARTICLE 27 PROVIDES THAT 'FOR THE ACQUISITION, MAINTENANCE OR RECOVERY OF THE RIGHT TO BENEFIT, WHERE AN INSURED PERSON HAS BEEN SUCCESSIVELY OR ALTERNATIVELY SUBJECT TO THE LEGISLATION OF TWO OR MORE MEMBER STATES, THE INSURANCE PERIODS AND ASSIMILATED PERIODS COMPLETED UNDER THE LEGISLATION OF EACH OF THE MEMBER STATES SHALL BE AGGREGATED IN SO