CELEX: C2005/217/29
Language: en
Date: 2005-09-03 00:00:00
Title: Judgment of the Court (First Chamber) of 21 July 2005 in Case C-30/04: Reference for a preliminary ruling from the Tribunale di Bolzano in Ursel Koschitzki v Istituto nazionale della previdenza sociale (INPS) (Social security for migrant workers — Regulation (EEC) No 1408/71 — Old-age pension — Calculation of the theoretical amount of benefit — Inclusion of the amount necessary to reach the minimum pension under national legislation)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/15
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 21 July 2005
   in Case C-30/04: Reference for a preliminary ruling from the Tribunale di Bolzano in Ursel Koschitzki v Istituto nazionale della previdenza sociale (INPS) (1)
   
   (Social security for migrant workers - Regulation (EEC) No 1408/71 - Old-age pension - Calculation of the theoretical amount of benefit - Inclusion of the amount necessary to reach the minimum pension under national legislation)
   (2005/C 217/29)
   Language of the case: Italian
   In Case C-30/04: reference for a preliminary ruling under Article 234 EC from the Tribunale di Bolzano (Italy), made by decision of 9 January 2004, received at the Court on 28 January 2004, in the proceedings between Ursel Koschitzki and Istituto nazionale della previdenza sociale (INPS) — the Court (First Chamber), composed of K. Lenaerts, President of the Fourth Chamber, acting for the President of the First Chamber, N. Colneric (Rapporteur), K. Schiemann, E. Juhász and M. Ilešič, Judges; F.G. Jacobs, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, gave a judgment on 21 July 2005, in which it ruled:
   Article 46(2)(a) 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, in its version amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983, as amended by Council Regulation (EC) No 3096/95 of 22 December 1995, must be interpreted as meaning that, in order to determine the theoretical amount of the pension on which the calculation of the pro rata pension is based, the competent institution is not required to take into consideration a supplement intended to bring the pension to the minimum level under national legislation where, on account of the fact that the income limits fixed by the national legislation on that supplement are exceeded, an insured person who has worked exclusively in the Member State concerned cannot lay claim to such a supplement.
   
      (1)  OJ C 85 of 03.04.2004.