CELEX: 62011CA0548
Language: en
Date: 2013-04-18 00:00:00
Title: Case C-548/11: Judgment of the Court (Third Chamber) of 18 April 2013 (request for a preliminary ruling from the Arbeidshof te Antwerpen — Belgium) — Edgard Mulders v Rijksdienst voor Pensioenen (Social security — Regulation (EEC) No 1408/71 — Article 1(r) — Definition of ‘periods of insurance’ — Article 46 — Calculation of retirement pension — Periods of insurance to be taken into consideration — Frontier workers — Period of incapacity for work — Aggregation of similar benefits paid by two Member States — No account taken of a period of incapacity for work as a period of insurance — Residence requirement — Nation rules precluding the cumulation of benefits)

8.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 164/5
            
         Judgment of the Court (Third Chamber) of 18 April 2013 (request for a preliminary ruling from the Arbeidshof te Antwerpen — Belgium) — Edgard Mulders v Rijksdienst voor Pensioenen
   (Case C-548/11) (1)
   
   (Social security - Regulation (EEC) No 1408/71 - Article 1(r) - Definition of ‘periods of insurance’ - Article 46 - Calculation of retirement pension - Periods of insurance to be taken into consideration - Frontier workers - Period of incapacity for work - Aggregation of similar benefits paid by two Member States - No account taken of a period of incapacity for work as a period of insurance - Residence requirement - Nation rules precluding the cumulation of benefits)
   2013/C 164/07
   Language of the case: Dutch
   
      Referring court
   
   Arbeidshof te Antwerpen
   
      Parties to the main proceedings
   
   
      Applicant: Edgard Mulders
   
      Defendant: Rijksdienst voor Pensioenen
   
      Re:
   
   Request for a preliminary ruling — Arbeidshof te Antwerpen — Interpretation of Articles 1(r) and 46 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English Special Edition 1971(II), p. 416) — Old-age and death insurance — Calculation of benefits — Periods of insurance to be taken into consideration
   
      Operative part of the judgment
   
   Articles 1(r) and 46 of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, read in the light of Article 13(2)(a) of that regulation and Articles 45 TFEU and 48 TFEU, are to be interpreted, for the purpose of calculating a retirement pension in one Member State, as precluding the legislation of another Member State under which a period of incapacity for work during which sickness insurance benefit — from which contributions were deducted by way of old-age insurance — was paid in that other Member State to a migrant worker is not regarded as a ‘period of insurance’ within the meaning of those provisions, on the ground that the person concerned is not resident in the latter State and/or was in receipt of a similar benefit under the legislation of the first Member State, which could not be combined with the sickness insurance benefit.
   
      (1)  OJ C 25, 28.1.2012.