CELEX: 62014CA0465
Language: en
Date: 2016-10-27 00:00:00
Title: Case C-465/14: Judgment of the Court (First Chamber) of 27 October 2016 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — Raad van bestuur van de Sociale verzekeringsbank v F. Wieland, H. Rothwangl (Reference for a preliminary ruling — Articles 18 and 45 TFEU — Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 3 and 94 — Regulation (EC) No 859/2003 — Article 2(1) and (2) — Old-age and survivor’s insurance — Former seafarers who are nationals of a third country which became a Member State of the European Union in 1995 — Excluded from entitlement to old-age benefit)

9.1.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/4
            
         Judgment of the Court (First Chamber) of 27 October 2016 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — Raad van bestuur van de Sociale verzekeringsbank v F. Wieland, H. Rothwangl
   (Case C-465/14) (1)
   
   ((Reference for a preliminary ruling - Articles 18 and 45 TFEU - Social security for migrant workers - Regulation (EEC) No 1408/71 - Articles 3 and 94 - Regulation (EC) No 859/2003 - Article 2(1) and (2) - Old-age and survivor’s insurance - Former seafarers who are nationals of a third country which became a Member State of the European Union in 1995 - Excluded from entitlement to old-age benefit))
   (2017/C 006/04)
   Language of the case: Dutch
   
      Referring court
   
   Centrale Raad van Beroep
   
      Parties to the main proceedings
   
   
      Appellant: Raad van bestuur van de Sociale verzekeringsbank
   
      Respondents: F. Wieland, H. Rothwangl
   
      Operative part of the judgment
   
   
               1.
            
            
               Article 94(1) and (2) 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, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005, must be interpreted as not precluding legislation of a Member State that does not take into account, when determining rights to old-age pension, an insurance period claimed to have been completed under its own legislation by a foreign worker when the State of which that worker is a national acceded to the European Union after the completion of that period;
            
         
               2.
            
            
               Articles 18 and 45 TFEU must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, under which a seafarer who, over a specified period, was part of the crew of a vessel which had its home port in the territory of that Member State and who resided aboard that vessel, is excluded from benefiting from old-age insurance in respect of that period on the ground that he was not a national of a Member State during that period;
            
         
               3.
            
            
               Article 2(1) and (2) of Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, must be interpreted as not precluding legislation of a Member State which provides that a period of employment — completed pursuant to the legislation of that Member State by an employed worker who was not a national of a Member State during that period but who, when he requests the payment of an old-age pension, falls within the scope of Article 1 of that regulation — is not to be taken into consideration by that Member State for the determination of that worker’s pension rights.
            
         
      (1)  OJ C 448, 15.12.2014.