CELEX: 62019CA0032
Language: en
Date: 2020-01-22 00:00:00
Title: Case C-32/19: Judgment of the Court (Tenth Chamber) of 22 January 2020 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — AT v Pensionsversicherungsanstalt (Reference for a preliminary ruling — Freedom of movement for persons — Citizenship of the Union — Right to move and reside freely in the territory of the Member States — Directive 2004/38/EC — Article 17(1)(a) — Right of permanent residence — Acquisition before completion of a continuous period of five years of residence — Workers who, at the time they stop working, have reached the age for entitlement to an old age pension)

9.3.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 77/7
            
         
      Judgment of the Court (Tenth Chamber) of 22 January 2020 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — AT v Pensionsversicherungsanstalt
      (Case C-32/19) (1)
      
      (Reference for a preliminary ruling - Freedom of movement for persons - Citizenship of the Union - Right to move and reside freely in the territory of the Member States - Directive 2004/38/EC - Article 17(1)(a) - Right of permanent residence - Acquisition before completion of a continuous period of five years of residence - Workers who, at the time they stop working, have reached the age for entitlement to an old age pension)
      (2020/C 77/09)
      Language of the case: German
      
         Referring court
      
      Oberster Gerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: AT
      
         Defendant: Pensionsversicherungsanstalt
      
         Operative part of the judgment
      
      Article 17(1)(a) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC must be interpreted as meaning that, for the purpose of acquiring the right of permanent residence in the host Member State before completion of a continuous period of 5 years of residence, the conditions that a person must have been working in that Member State at least for the preceding 12 months and must have resided in that Member State continuously for more than 3 years apply to workers who, at the time they stop working, have reached the age laid down by the law of that Member State for entitlement to an old age pension.
      
         (1)  OJ C 131, 8.4.2019.