CELEX: 62009CO0286
Language: en
Date: 2010-07-09 00:00:00
Title: Order of the Court (Seventh Chamber) of 9 July 2010.#Luigi Ricci and Aduo Pisaneschi v Istituto nazionale della previdenza sociale (INPS).#References for a preliminary ruling: Corte d'appello di Roma - Italy.#First subparagraph of Article 104(3) of the Rules of Procedure - Officials - Retirement pension - Cumulation of periods of insurance - Article 11 of Annex VIII to the Staff Regulations - Taking account of periods of activity within the European Communities - Article 10 EC.#Joined cases C-286/09 and C-287/09.

Order of the Court (Seventh Chamber) of 9 July 2010 – Ricci and Pisaneschi v Istituto nazionale della previdenza sociale (INPS)
      (Joined Cases C‑286/09 and C-287/09)
      Article 104(3), first subparagraph, of the Rules of Procedure – Officials – Retirement pension – Cumulation of periods of insurance – Article 11 of Annex VIII to the Staff Regulations – Taking account of periods of activity within the European Communities – Article 10 EC
      Member States – Obligations – Duty to cooperate in good faith with the institutions of the European Union – Periods of activity in the service of an institution or body of the Union not taken into account for the grant of an early
         or normal retirement pension under the national scheme – Not permissible (Art. 10 EC; Staff Regulations of Officials, Annex VIII, Art. 11(2)) (see para. 32-34, operative part)
      
      Re: 
      
         
               Reference for a preliminary ruling – Corte d’appello di Roma – Interpretation of Regulation (EEC) No 1408/71 of the Council
                  of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community
                  – Interpretation of Articles 17, 39 and 42 EC – Old-age pension – Aggregation of insurance periods – Failure to take into
                  account the period of affiliation to the Joint Sickness Insurance Scheme of the European Communities.
               
            Operative part: 
      Article 10 EC, together with the Staff Regulations of Officials of the European Communities, must be interpreted as precluding
         national legislation that does not permit account to be taken of years worked by a European Union citizen in a European Union
         institution, such as the Commission of the European Communities, or in a European Union body, such as the Economic and Social
         Committee, for the purpose of establishing a right to a retirement pension under the national scheme, regardless of whether
         the person involved takes early retirement or retires at the usual age.