CELEX: C2004/118/43
Language: en
Date: 2004-04-30 00:00:00
Title: Judgment of the Court (Grand Chamber) of 28 April 2004 in Case C-373/02 (reference for a preliminary ruling from the Oberster Gerichtshof): Sakir Öztürk v Pensionsversicherungsanstalt der Arbeiter) (Article 9 of the EEC-Turkey Association Agreement — Article 3 of Decision No 3/80 — Principle of equal treatment — Article 45(1) of Regulation (EEC) No 1408/71 — Social security for migrant workers — Retirement pension — Early pension in the event of unemployment — Condition whereby the worker must have received unemployment benefits in the Member State concerned)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/25
            
         
      JUDGMENT OF THE COURT
   
   (Grand Chamber)
   of 28 April 2004
   in Case C-373/02 (reference for a preliminary ruling from the Oberster Gerichtshof): Sakir Öztürk v Pensionsversicherungsanstalt der Arbeiter) (1)
   
   (Article 9 of the EEC-Turkey Association Agreement - Article 3 of Decision No 3/80 - Principle of equal treatment - Article 45(1) of Regulation (EEC) No 1408/71 - Social security for migrant workers - Retirement pension - Early pension in the event of unemployment - Condition whereby the worker must have received unemployment benefits in the Member State concerned)
   (2004/C 118/43)
   Language of the case: German
   In Case C-373/02: reference to the Court under Article 234 EC by the Oberster Gerichtshof (Austria) for a preliminary ruling in the proceedings pending before that court between Sakir Öztürk and Pensionsversicherungsanstalt der Arbeiter - on the interpretation of Article 9 of the Agreement establishing an Association between the European Economic Community and Turkey signed on 12 September 1963 at Ankara by the Republic of Turkey, on the one hand, and the Member States of the EEC and the Community, on the other, which was concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 on the conclusion of the Agreement establishing an Association between the European Economic Community and Turkey (Journal Officiel 1964 217, p. 3685), and of Article 45(1) 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, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1) - the Court (Grand Chamber), composed of: V. Skouris, President, P. Jann, C.W.A. Timmermans, C. Gulmann and J. Cunha Rodrigues (Presidents of Chambers), J.-P. Puissochet, R. Schintgen (Rapporteur), F. Macken, N. Colneric, S. von Bahr and K. Lenaerts, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, has given a judgment on 28 April 2004, in which it has ruled:
   Article 3(1) of Decision No 3/80 of the Association Council of 19 September 1980 on the application of the social security schemes of the Member States of the European Communities to Turkish workers and members of their families must be interpreted as precluding the application of legislation of a Member State which makes entitlement to an early old-age pension in the event of unemployment conditional upon fulfilment of the requirement that the person concerned has received, within a certain period prior to his application for the pension, unemployment insurance benefits from that Member State alone.
   
      (1)  OJ C 7 of 11.1.2003