Argia Pagotto (nee Cossutta) v Office National des Pensions pour Ouvriers (Judgment): ECJ 30 Nov 1967

Europa 1. Free movement of persons – migrant workers – old-age and death (pensions) insurance – calculation of benefits – application of the system provided for by articles 27 and 28 of regulation no 3 – the beneficiary’s objective situation to be considered
2. Free movement of persons – migrant workers – old-age and death (pensions) insurance – system based on insurance periods – amount of retirement pension varying solely according to insurance periods completed – rights to a pension acquired by claimant without aggregation of completed periods – articles 27 and 28 of regulation no 3 not applicable
3. Free movement of persons – migrant workers – old-age and death (pensions) insurance – simultaneous determination of pensions not obligatory (regulation no 3, article 28)
4. Free movement of persons – migrant workers – old-age and death (pensions) insurance – application of the system established by regulation no 3 – guarantee for persons concerned of benefits acquired by virtue of the legislative systems of member states – options granted by such legislation – waiver not required – time for exercising options determined by national legislation (regulation no 3, articles 27 and 28)

Citations:

C-18/67

European, Benefits

Updated: 10 April 2022; Ref: scu.131848