CELEX: 62011CA0122
Language: en
Date: 2013-02-07 00:00:00
Title: Case C-122/11: Judgment of the Court (Ninth Chamber) of 7 February 2013 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Regulation (EC) No 883/2004 — Coordination of social security systems — National rules precluding the indexation, during the period until 1 August 2004 , of pensions of nationals of a Member State which has not concluded a reciprocal agreement or who do not satisfy the condition of residence in the European Union — Residence in a non-member State — Breach of the principle of non-discrimination on grounds of nationality — Inadmissible)

13.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 108/2
            
         Judgment of the Court (Ninth Chamber) of 7 February 2013 — European Commission v Kingdom of Belgium
   (Case C-122/11) (1)
   
   (Failure of a Member State to fulfil obligations - Regulation (EC) No 883/2004 - Coordination of social security systems - National rules precluding the indexation, during the period until 1 August 2004, of pensions of nationals of a Member State which has not concluded a reciprocal agreement or who do not satisfy the condition of residence in the European Union - Residence in a non-member State - Breach of the principle of non-discrimination on grounds of nationality - Inadmissible)
   2013/C 108/03
   Language of the case: French
   
      Parties
   
   
      Applicant: European Commission (represented by: V. Kreushitz and G. Rozet, acting as Agents)
   
      Defendant: Kingdom of Belgium (represented by: L. Van den Broeck and C. Pochet, acting as Agents)
   
      Intervener in support of the defendant: Hellenic Republic (represented by: E.-M Mamouna, acting as Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement of Articles 4 and 7 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1) and Articles 18 and 45 TFEU — National rules precluding the indexation, for the period until 1 August 2004, of pensions of nationals of a Member State which had not concluded a reciprocal agreement or who do not satisfy the condition of residence in the European Union — Residence in a non-member State — Infringement of the principle of non-discrimination on grounds of nationality — Lack of justification)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action as inadmissible.
            
         
               2.
            
            
               Orders the European Commission to pay the costs.
            
         
               3.
            
            
               Orders the Hellenic Republic to bear its own costs.
            
         
      (1)  OJ C 160, 28.5.2011