Communication: judgment No. 0866 of 2019

IDENTIFIER
62019CA0866
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REQUEST DATE
REFERENCES MADE
0
REFERENCED
1
DOCUMENT TYPE
Communication: judgment

Judgment



20.12.2021   

EN

Official Journal of the European Union

C 513/9


Judgment of the Court (Third Chamber) of 21 October 2021 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — SC v Zakład Ubezpieczeń Społecznych I Oddział w Warszawie

(Case C-866/19) (1)

(Reference for a preliminary ruling - Social security for migrant workers - Regulation (EC) No 883/2004 - Article 52(1)(b) - Worker who has been employed in two Member States - Minimum period required by national law for acquisition of entitlement to a retirement pension - Account taken of the contribution period completed under the legislation of another Member State - Aggregation - Calculation of the amount of the retirement benefit to be paid)

(2021/C 513/14)

Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings

Applicant: SC

Defendant: Zakład Ubezpieczeń Społecznych I Oddział w Warszawie

Operative part of the judgment

Article 52(1)(b) of Regulation (EC) 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 meaning that, for the purposes of determining the limit which non-contribution periods may not exceed in relation to contribution periods, as provided for by the national legislation, the competent institution of the Member State concerned must take into consideration, when calculating the theoretical amount of the benefit referred to in point (i) of that provision, all the periods of insurance, including those periods of insurance completed under the legislation of other Member States, whereas the calculation of the actual amount of the benefit referred to in point (ii) of that provision is made having regard solely to the periods of insurance completed under the legislation of the Member State concerned.


(1)  OJ C 61, 24.2.2020.



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