CELEX: 62018CA0134
Language: en
Date: 2019-03-14 00:00:00
Title: Case C-134/18: Judgment of the Court (Eighth Chamber) of 14 March 2019 (request for a preliminary ruling from the Arbeidsrechtbank Antwerpen — Belgium) — Maria Vester v Rijksinstituut voor ziekte- en invaliditeitsverzekering (Reference for a preliminary ruling — Social security systems — Invalidity benefits — Articles 45 and 48 TFEU — Freedom of movement for workers — Regulation (EC) No 883/2004 — Different benefit schemes in the Member States — ‘Primary period of incapacity to work’ — Duration — Benefits for incapacity for work — Disadvantages for migrant workers)

6.5.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/13
            
         
      Judgment of the Court (Eighth Chamber) of 14 March 2019 (request for a preliminary ruling from the Arbeidsrechtbank Antwerpen — Belgium) — Maria Vester v Rijksinstituut voor ziekte- en invaliditeitsverzekering
      (Case C-134/18) (1)
      
      (Reference for a preliminary ruling - Social security systems - Invalidity benefits - Articles 45 and 48 TFEU - Freedom of movement for workers - Regulation (EC) No 883/2004 - Different benefit schemes in the Member States - ‘Primary period of incapacity to work’ - Duration - Benefits for incapacity for work - Disadvantages for migrant workers)
      (2019/C 155/16)
      Language of the case: Dutch
      
         Referring court
      
      Arbeidsrechtbank Antwerpen
      
         Parties to the main proceedings
      
      
         Applicant: Maria Vester
      
         Defendant: Rijksinstituut voor ziekte- en invaliditeitsverzekering
      
         Operative part of the judgment
      
      Articles 45 and 48 TFEU must be interpreted as precluding a situation, such as that at issue in the main proceedings, in which a worker who is unfit to work for one year and who has been granted invalidity status by the competent institution of the Member State of his residence, without being entitled to receive invalidity benefits on the basis of the law of that Member State, is required by the competent institution of the Member State in which he completed all his insurance periods to complete an additional one-year period of incapacity to work in order to be granted invalidity status and receive pro-rata invalidity benefits, without receiving any benefits for incapacity to work during that period.
      
         (1)  OJ C 182, 28.5.2018.