CELEX: 62013CN0646
Language: en
Date: 2013-12-05 00:00:00
Title: Case C-646/13: Request for a preliminary ruling from the Curtea de Apel Galați (Romania) lodged on 5 December 2013 — Casa Județeană de Pensii Brăila v E.S.

8.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 39/14
            
         Request for a preliminary ruling from the Curtea de Apel Galați (Romania) lodged on 5 December 2013 — Casa Județeană de Pensii Brăila v E.S.
   (Case C-646/13)
   2014/C 39/22
   Language of the case: Romanian
   
      Referring court
   
   Curtea de Apel Galați
   
      Parties to the main proceedings
   
   
      Appellant: Casa Județeană de Pensii Brăila
   
      Respondent: E.S.
   
      Questions referred
   
   
               1.
            
            
               Must Article 8(1) of Regulation (EC) No 883/2004 (1) be interpreted as excluding the application of a bilateral convention on social security which was entered into prior to application of that regulation and does not appear in Annex II to that regulation, under circumstances in which the rules applicable under that bilateral convention prove to be more favourable for the insured person than would be the case under the rules based on that regulation?
            
         
               2.
            
            
               When an assessment is made as to whether the bilateral convention is more favourable, does Article 8(1) of Regulation (EC) No 883/2004 require the view to be taken that it is necessary to remain within the legal interpretation of the bilateral convention or is it also necessary to include the specific detailed arrangements for application (regarding the quantum of the pension which can be granted by each State, the payment of which is determined by reference to the application/exclusion of application of the convention by the regulation)?
            
         
               3.
            
            
               In the event of a negative answer to the first question (to the effect that application of the bilateral convention on social security is not excluded), is it possible to regard as more favourable, within the meaning of Article 8(1) of Regulation (EC) No 883/2004, legal rules on the basis of which a State signatory to the convention on social security recognises a shorter contributory period than that actually completed, and that State pays a pension of a greater amount than that to which entitlement would arise if the entire contributory period in the joint-signatory State were to be recognised?
            
         
      (1)  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).