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Article 104(3), first subparagraph, of the Rules of Procedure – Officials – Retirement pension – Cumulation of periods of insurance – Article 11 of Annex VIII to the Staff Regulations – Taking account of periods of activity within the European Communities – Article 10 EC
Member States – Obligations – Duty to cooperate in good faith with the institutions of the European Union – Periods of activity in the service of an institution or body of the Union not taken into account for the grant of an early or normal retirement pension under the national scheme – Not permissible (Art. 10 EC; Staff Regulations of Officials, Annex VIII, Art. 11(2)) (see para. 32-34, operative part)
Reference for a preliminary ruling – Corte d’appello di Roma – Interpretation of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community – Interpretation of Articles 17, 39 and 42 EC – Old-age pension – Aggregation of insurance periods – Failure to take into account the period of affiliation to the Joint Sickness Insurance Scheme of the European Communities.
Article 10 EC, together with the Staff Regulations of Officials of the European Communities, must be interpreted as precluding national legislation that does not permit account to be taken of years worked by a European Union citizen in a European Union institution, such as the Commission of the European Communities, or in a European Union body, such as the Economic and Social Committee, for the purpose of establishing a right to a retirement pension under the national scheme, regardless of whether the person involved takes early retirement or retires at the usual age.