CELEX: 62018CA0398
Language: en
Date: 2019-12-05 00:00:00
Title: Joined Cases C-398/18 and C-428/18: Judgment of the Court (Eighth Chamber) of 5 December 2019 (requests for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Antonio Bocero Torrico (C-398/18), Jörg Paul Konrad Fritz Bode (C-428/18) v Instituto Nacional de la Seguridad Social, Tesorería General de la Seguridad Social (References for a preliminary ruling — Social security for migrant workers — Regulation (EC) No 883/2004 — Early retirement pension — Eligibility — Requirement for the pension to be received to be higher than the statutory minimum — Account taken only of pension acquired in the Member State concerned — No account taken of the retirement pension acquired in another Member State — Difference in treatment of workers who have exercised their right to freedom of movement)

3.2.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 36/5
            
         
      Judgment of the Court (Eighth Chamber) of 5 December 2019 (requests for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Antonio Bocero Torrico (C-398/18), Jörg Paul Konrad Fritz Bode (C-428/18) v Instituto Nacional de la Seguridad Social, Tesorería General de la Seguridad Social
      (Joined Cases C-398/18 and C-428/18) (1)
      
      (References for a preliminary ruling - Social security for migrant workers - Regulation (EC) No 883/2004 - Early retirement pension - Eligibility - Requirement for the pension to be received to be higher than the statutory minimum - Account taken only of pension acquired in the Member State concerned - No account taken of the retirement pension acquired in another Member State - Difference in treatment of workers who have exercised their right to freedom of movement)
      (2020/C 36/06)
      Language of the case: Spanish
      
         Referring court
      
      Tribunal Superior de Justicia de Galicia
      
         Parties to the main proceedings
      
      
         Applicants: Antonio Bocero Torrico (C-398/18), Jörg Paul Konrad Fritz Bode (C-428/18)
      
         Defendants: Instituto Nacional de la Seguridad Social, Tesorería General de la Seguridad Social
      
         Operative part of the judgment
      
      Article 5(a) of Regulation No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems must be interpreted as precluding legislation of a Member State which requires, as a condition for a worker to be eligible for an early retirement pension, that the amount of the pension to be received must be higher than the minimum pension that would be due to that worker upon reaching the statutory retirement age under that legislation, where the term ‘pension to be received’ is interpreted as referring only to the pension from that Member State, and not including the pension which that worker may receive through equivalent benefits payable by one or more other Member States
      
         (1)  OJ C 294, 20.8.2018.
      
         OJ C 364, 8.10.2018.