CELEX: 62018CA0179
Language: en
Date: 2019-02-13 00:00:00
Title: Case C-179/18: Judgment of the Court (Tenth Chamber) of 13 February 2019 (request for a preliminary ruling from the Arbeidsrechtbank Gent — Belgium) — Ronny Rohart v Federale Pensioendienst (Reference for a preliminary ruling — Social security — Pension rights under the national pension scheme for employed persons — Refusal to take into account the period of compulsory military service completed by an official of the European Union after taking up his post — Principle of sincere cooperation)

8.4.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/14
            
         
      Judgment of the Court (Tenth Chamber) of 13 February 2019 (request for a preliminary ruling from the Arbeidsrechtbank Gent — Belgium) — Ronny Rohart v Federale Pensioendienst
      (Case C-179/18) (1)
      
      (Reference for a preliminary ruling - Social security - Pension rights under the national pension scheme for employed persons - Refusal to take into account the period of compulsory military service completed by an official of the European Union after taking up his post - Principle of sincere cooperation)
      (2019/C 131/17)
      Language of the case: Dutch
      
         Referring court
      
      Arbeidsrechtbank Gent
      
         Parties to the main proceedings
      
      
         Applicant: Ronny Rohart
      
         Defendant: Federale Pensioendienst
      
         Operative part of the judgment
      
      Article 4(3) TEU, in conjunction with the Staff Regulations of Officials of the European Union, established by Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission, as amended by Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004, must be interpreted as precluding the legislation of a Member State, such as that at issue in the main proceedings, under which, when determining the pension entitlement of a worker who occupied a position as an employed person in that Member State before becoming an EU official and completed, after becoming an EU official, his compulsory military service in that Member State, that worker is not entitled to have his period of military service treated as equivalent to a period of actual work as an employed person — treatment to which he would have been entitled if, at the time he was called up for military service or for at least one year during the three years following the end of his military service, he had been employed in a position covered by the national pension scheme.
      
         (1)  OJ C 182, 28.5.2018.