ECJ 1. References for a preliminary ruling – jurisdiction of the court – limits
(EEC Treaty, article 177)
2. Social security – migrant workers – old age (pensions) insurance – algeria – insurance periods completed before 19 january 1965 – taking into consideration by french institutions – national of a member state other than france – recipient
(EEC treaty, articles 48 to 51. Regulation no 109/65 of the Council, article 16 (2))
1. Although the court, when giving a ruling under Article 177, has no jurisdiction to apply community rules to a specific case or, consequently, to pronounce upon a provision of national law, it may however provide the national court with the factors of interpretation depending on community law which might be useful to it in evaluating the effects of such provision.
2. The principle of the equal treatment of workers laid down by articles 48 to 51 of the eec treaty implies that provisions of national law cannot be applied as against a worker who, whilst residing in france, is a national of another member state, where their effect is to deprive such a worker of a benefit awarded to french workers as regards the taking into account, in calculating the old-age pension, of insurance periods completed in algeria.
Citations:
R-112/75, [1976] EUECJ R-112/75
Links:
European
Updated: 21 June 2022; Ref: scu.214475
