Manfred Sehrer v Bundesknappschaft.
Date: 2000-06-15
20 It is settled case-law that it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted by the national court concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling (see, in particular, Case C-254/98 TK-Heimdienst v Schutzverband gegen unlauteren Wettbewerb [2000] ECR I-151, paragraph 13).
26 Finally, Section 5 of Chapter 1 of Title III of Regulation No 1408/71 is concerned with the rights of pensioners and members of their families. However, the pertinent provisions of that section cover either situations where the pensioner draws pensions under the legislation of two or more Member States or situations where he draws a pension under the legislation of a single Member State but is not entitled to benefits in his country of residence (Articles 27, 28 and 28a). As for Article 33, it is applicable only by reference to those provisions.
28 However, when exercising that power the Federal Republic of Germany must comply with the rules of the Treaty, in particular those relating to freedom of movement for workers (see Case C-18/95 Terhoeve v Inspecteur van de Belastingdienst Particulieren/Ondernemingen Buitenland [1999] ECR I-345, paragraphs 34 and 35).
29 The fact that Mr Sehrer has German nationality cannot prevent him from relying on the rules relating to freedom of movement for workers against the Member State of which he is a national, since he has exercised his right to freedom of movement and worked in another Member State (Terhoeve, paragraphs 27, 28 and 29).
30 Nor does the fact that Mr Sehrer is no longer in an employment relationship deny him certain guaranteed rights which are linked to the status of worker (Case C-57/96 Meints v Minister van Landbouw Natuurbeheer en Visserij [1997] ECR I-6689, paragraph 40, and Case C-35/97 Commission v France [1998] ECR I-5325, paragraph 41). A supplementary retirement pension, such as the one drawn by Mr Sehrer, whose grant is dependent on the prior existence of an employment relationship which has come to an end falls within that category of rights. The pension entitlement is intrinsically linked to the objective status of worker.
31 As regards Article 48 of the Treaty, which it is appropriate to consider first, the Court has repeatedly stated that that provision implements a fundamental principle contained in Article 3(c) of the EC Treaty (now, after amendment, Article 3(1)(c) EC), under which, for the purposes set out in Article 2 of the EC Treaty (now, after amendment, Article 2 EC), the activities of the Community are to include the abolition, as between Member States, of obstacles to freedom of movement for persons (Case C-370/90 The Queen v Immigration Appeal Tribunal and Singh [1992] ECR I-4265, paragraph 15, and Terhoeve, cited above, paragraph 36).
32 The Court has also held that the Treaty provisions relating to freedom of movement for persons are intended to facilitate the pursuit by Community nationals of occupational activities of all kinds throughout the Community, and preclude measures which might place Community nationals at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (Singh, cited above, paragraph 16, and Terhoeve, cited above, paragraph 37).
33 Provisions which preclude or deter a national of a Member State from leaving his country of origin in order to exercise his right to freedom of movement therefore constitute an obstacle to that freedom even if they apply without regard to the nationality of the workers concerned (Masgio, cited above, paragraphs 18 and 19, and Terhoeve, cited above, paragraph 39).
36 The answer to the question must therefore be that Article 48 of the Treaty precludes a Member State from calculating the sickness insurance contributions of a retired worker subject to its legislation on the basis of the gross amount of the supplementary retirement pension payable under an agreement which that worker draws in another Member State, without taking account of the fact that a part of the gross amount of that pension has already been deducted by way of sickness insurance contributions in the latter State.