CELEX: 62010CA0522
Language: en
Date: 2012-07-19 00:00:00
Title: Case C-522/10: Judgment of the Court (Third Chamber) of 19 July 2012 (reference for a preliminary ruling from the Sozialgericht Würzburg — Germany) — Doris Reichel-Albert v Deutsche Rentenversicherung Nordbayern (Social security for migrant workers — Regulation (EC) No 987/2009 — Article 44(2) — Examination of entitlement to old-age pension — Taking into account of child-raising periods completed in another Member State — Applicability — Article 21 TFEU — Free movement of citizens)

29.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 295/3
            
         Judgment of the Court (Third Chamber) of 19 July 2012 (reference for a preliminary ruling from the Sozialgericht Würzburg — Germany) — Doris Reichel-Albert v Deutsche Rentenversicherung Nordbayern
   (Case C-522/10) (1)
   
   (Social security for migrant workers - Regulation (EC) No 987/2009 - Article 44(2) - Examination of entitlement to old-age pension - Taking into account of child-raising periods completed in another Member State - Applicability - Article 21 TFEU - Free movement of citizens)
   2012/C 295/05
   Language of the case: German
   
      Referring court
   
   Sozialgericht Würzburg
   
      Parties to the main proceedings
   
   
      Applicant: Doris Reichel-Albert
   
      Defendant: Deutsche Rentenversicherung Nordbayern
   
      Re:
   
   Reference for a preliminary ruling — Sozialgericht Würzburg — Interpretation of 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 (OJ 2009 L 284, p. 1) — Conditions for taking into account child-raising periods completed in another Member State for the purpose of examining entitlement to old-age pension — National legislation making the taking into account of such periods subject to the requirement that the person concerned, during the raising or immediately before the birth of the child, pursued employed or self-employed activity by way of compulsory contribution period, giving rise to the possibility that a child-raising period might not be taken into account either in the Member State of residence during the child-raising period or in the competent Member State
   
      Operative part of the judgment
   
   In a situation such as that at issue in the main proceedings, Article 21 TFEU must be interpreted as meaning that it requires the competent institution of a first Member State, for the purposes of granting an old-age pension, to take account of child-raising periods completed in a second Member State as though those periods had been completed on its national territory by a person who pursued employed or self-employed activity only in that first Member State and who, at the time of the birth of his of her child, had temporarily stopped working and had, solely on family-related grounds, established his or her place of residence in the territory of the second Member State.
   
      (1)  OJ C 30, 29.1.2011.