CELEX: 62009CN0440
Language: en
Date: 2009-11-11 00:00:00
Title: Case C-440/09: Reference for a preliminary ruling from the Sąd Najwyższy (Republic of Poland), lodged on 11 November 2009 — Zakład Ubezpieczeń Społecznych v Stanisława Tomaszewska

13.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 37/2
            
         Reference for a preliminary ruling from the Sąd Najwyższy (Republic of Poland), lodged on 11 November 2009 — Zakład Ubezpieczeń Społecznych v Stanisława Tomaszewska
   (Case C-440/09)
   2010/C 37/03
   Language of the case: Polish
   
      Referring court
   
   Sąd Najwyższy
   
      Parties to the main proceedings
   
   
      Appellant: Zakład Ubezpieczeń Społecznych
   
      Respondent: Stanisława Tomaszewska
   
      Question referred
   
   Is 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 (OJ, English Special Edition 1971 (II), p. 416), in conjunction with Article 15(1)(a) of Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English Special Edition 1972 (I), p. 159), to be interpreted as meaning that the competent institution of a Member State is required — on establishing that a worker has failed to satisfy the condition of having completed in that Member State a period of insurance which is sufficient under the law of that State for acquisition of entitlement to a retirement pension — to take account of a period of insurance completed in another Member State in such a way that it must recalculate the period of insurance on which acquisition of entitlement depends by applying the rules arising from national law and treating the period completed in the other Member State as a period completed in its own State, or must it add the period completed in the other Member State to the national period calculated previously on the basis of the rules in question?