CELEX: 62021CN0731
Language: en
Date: 2021-12-01 00:00:00
Title: Case C-731/21: Request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg (Luxembourg) lodged on 1 December 2021 — GV v Caisse nationale d’assurance pension

14.2.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 73/15
            
         
      Request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg (Luxembourg) lodged on 1 December 2021 — GV v Caisse nationale d’assurance pension
      (Case C-731/21)
      (2022/C 73/20)
      Language of the case: French
      
         Referring court
      
      Cour de cassation du Grand-Duché de Luxembourg
      
         Parties to the main proceedings
      
      
         Appellant in cassation: GV
      
         Respondent in cassation: Caisse nationale d’assurance pension
      
         Question referred
      
      Does European Union law, in particular Articles 18, 45 and 48 of the Treaty on the Functioning of the European Union and Article 7(2) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union, (1) preclude provisions of the law of a Member State, such as Article 195 of the Luxembourg Social Security Code and Articles 3, 4 and 4-1 of the amended Law of 9 July 2004 on the legal effects of certain partnerships, which make the grant, to the surviving partner of a partnership properly entered into and registered in the Member State of origin, of a survivor’s pension, due as a result of the exercise by the deceased partner of a professional activity in the host Member State, subject to the condition that the partnership was recorded in a register kept by that State for the purposes of verifying compliance with the substantive conditions required by the law of that Member State in order to recognise a partnership and ensure its effectiveness vis-à-vis third parties, whereas the grant of a survivor’s pension to the surviving partner of a partnership entered into in the host Member State is subject to the sole condition that the partnership has been properly entered into and registered there?
      
         (1)  OJ 2011 L 141, p. 1.