CELEX: 62017CA0002
Language: en
Date: 2018-06-28 00:00:00
Title: Case C-2/17: Judgment of the Court (Tenth Chamber) of 28 June 2018 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Instituto Nacional de la Seguridad Social v Jesús Crespo Rey (Reference for a preliminary ruling — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Social security for migrant workers — Regulation (EC) No 883/2004 — Paragraph 2 of the section ‘Spain’ in Annex XI — Retirement pension — Method of calculation — Theoretical amount — Relevant contribution basis — Special agreement — Choice of contribution basis — National legislation requiring the worker to make contributions in accordance with the minimum contribution basis)

201808030062050292018/C 294/0922017CJC29420180820EN01ENINFO_JUDICIAL201806287822Case C-2/17: Judgment of the Court (Tenth Chamber) of 28 June 2018 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Instituto Nacional de la Seguridad Social v Jesús Crespo Rey (Reference for a preliminary ruling — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Social security for migrant workers — Regulation (EC) No 883/2004 — Paragraph 2 of the section ‘Spain’ in Annex XI — Retirement pension — Method of calculation — Theoretical amount — Relevant contribution basis — Special agreement — Choice of contribution basis — National legislation requiring the worker to make contributions in accordance with the minimum contribution basis)
 ---documentbreak--- C2942018EN720120180628EN00097282Judgment of the Court (Tenth Chamber) of 28 June 2018 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Instituto Nacional de la Seguridad Social v Jesús Crespo Rey
   (Case C-2/17) (
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      )
   ‛(Reference for a preliminary ruling — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Social security for migrant workers — Regulation (EC) No 883/2004 — Paragraph 2 of the section ‘Spain’ in Annex XI — Retirement pension — Method of calculation — Theoretical amount — Relevant contribution basis — Special agreement — Choice of contribution basis — National legislation requiring the worker to make contributions in accordance with the minimum contribution basis)’2018/C 294/09Language of the case: Spanish
      Referring court
   
   Tribunal Superior de Justicia de Galicia
   
      Parties to the main proceedings
   
   
      Appellant: Instituto Nacional de la Seguridad Social
   
      Respondent: Jesús Crespo Rey
   
      Other party: Tesorería General de la Seguridad Social
   
      Operative part of the judgment
   
   The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21 June 1999, must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which obligates a migrant worker who concludes a special agreement with the social security system of that Member State to make contributions in accordance with the minimum contribution basis, with the result that, when the theoretical amount of that worker’s retirement pension is calculated, the competent body of that Member State treats the period covered by that agreement as a period completed in that Member State and will take into consideration, for the purposes of that calculation, only the contributions paid by the worker under that agreement, even though, before exercising his right to free movement, that worker made contributions in that Member State in accordance with contribution bases higher than the minimum, and a non-migrant worker who did not exercise his right to free movement and who concludes such an agreement has the option of making contributions in accordance with contribution bases higher than the minimum.
   (
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      )	OJ C 104, 3.4.2017.