Case C-306/03
Cristalina Salgado Alonso
v
Instituto Nacional de la Seguridad Social (INSS) and Tesorería General de la Seguridad Social (TGSS)
(Reference for a preliminary ruling from the Juzgado de lo Social nº 3 de Orense)
(Social security for migrant workers – Articles 12 EC, 39 EC and 42 EC – Articles 45 and 48 (1) of Regulation (EEC) No 1408/71 – Old age and death – Unemployment – Minimum periods of insurance – Periods of insurance taken into account for calculating the amount of benefits but not for acquiring the right to those benefits – Periods of unemployment – Aggregation)
Opinion of Advocate General Kokott delivered on 28 October 2004
Judgment of the Court (Second Chamber), 20 January 2005
Summary of the Judgment
Social security for migrant workers – Old-age and death insurance – Periods to be taken into consideration – National legislation not taking into consideration, for acquiring the right to benefits, periods of insurance completed in the territory of the State as an unemployed person – Whether permissible
(Arts 39 EC and 42 EC; Council Regulation No 1408/71, Art. 45)
Articles 39 EC and 42 EC and Article 45 of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 1606/98, must be interpreted as not precluding a national provision which does not allow the competent authorities of a Member State to take into consideration, for the purposes of acquiring the right to a retirement pension under the national scheme, certain periods of insurance completed on the territory of that State by an unemployed worker during which contributions to old-age insurance were paid by the unemployment benefit agency, such periods being taken into consideration solely for the calculation of the amount of that pension.
(see para. 38, operative part)
JUDGMENT OF THE COURT (Second Chamber)20 January 2005(1)
(Social security of migrant workers – Articles 12 EC, 39 EC and 42 EC – Articles 45 and 48 (1) of Regulation (EEC) No 1408/71 – Old age and death – Unemployment – Minimum periods of insurance – Periods of insurance taken into account for calculating the amount of benefits but not for acquiring the right to those benefits – Periods of unemployment – Aggregation)
In Case C-306/03,
v
THE COURT (Second Chamber),,
after hearing the Opinion of the Advocate General at the sitting on 28 October 2004,
gives the following