CELEX: 62016CN0524
Language: en
Date: 2016-10-12 00:00:00
Title: Case C-524/16: Request for a preliminary ruling from the Corte dei Conti (Italy) lodged on 12 October 2016 — Istituto Nazionale della Previdenza Sociale v Francesco Faggiano

16.1.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 14/19
            
         Request for a preliminary ruling from the Corte dei Conti (Italy) lodged on 12 October 2016 — Istituto Nazionale della Previdenza Sociale v Francesco Faggiano
   (Case C-524/16)
   (2017/C 014/25)
   Language of the case: Italian
   
      Referring court
   
   Corte dei Conti
   
      Parties to the main proceedings
   
   
      Applicant: Istituto Nazionale della Previdenza Sociale
   
      Defendant: Francesco Faggiano
   
      Questions referred
   
   
               1.
            
            
               Must the rules of EU law laid down in Regulation (EEC) No 1408/1971 of the Council of 14 June 1971 (1) and Council Regulation (EC) No 1606/1998 of 29 June 1998 (2) be interpreted to the effect that a request for aggregation of social security contributions made to several pension funds, in particular in the home Member State and in another Member State of the European Union, may not be made by a person already in receipt of a pension?
            
         
               2.
            
            
               Does Article 49(1)(b)(ii) of Regulation (EEC) No 1408/1971 of the Council of 14 June 1971 preclude a national rule such as the Italian rule laid down in Article 71 of Law No 388 of 23 December 2000, according to which a request for aggregation of social security contributions made to several pension funds, in particular in the home Member State and in another Member State of the European Union, is confined to those who have not yet acquired the right to a pension from any social security fund?
            
         
      (1)  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 (OJ 1971 L 149, p. 2).
   
      (2)  Council Regulation (EC) No 1606/98 of 29 June 1998 amending 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 and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 with a view to extending them to cover special schemes for civil servants (OJ 1998 L 209, p. 1).