Europa Community law does not in principle provide for the right of an unemployed worker to claim unemployment benefits under the legislation of a member state other than the state in which he became unemployed. The insurance periods to be aggregated for the acquisition of the right to a retirement pension may include a period of unemployment which is regarded as equivalent to a period of employment by the legislation under which it was completed. On the other hand, when national legislation makes the early acquisition of the right to a retirement pension conditional upon the person concerned having been unemployed for a certain time as well as upon the completion of a period of membership of a social insurance scheme and when therefore the length of the period of unemployment is not intended to be aggregated to obtain the minimum period of membership required or to be used in the calculation of the benefit there are no grounds for taking into account a period of unemployment completed in another member state.
Citations:
C-20/75
European
Updated: 10 April 2022; Ref: scu.132187