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Case C-122/11: Judgment of the Court (Ninth Chamber) of 7 February 2013 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Regulation (EC) No 883/2004 — Coordination of social security systems — National rules precluding the indexation, during the period until 1 August 2004 , of pensions of nationals of a Member State which has not concluded a reciprocal agreement or who do not satisfy the condition of residence in the European Union — Residence in a non-member State — Breach of the principle of non-discrimination on grounds of nationality — Inadmissible)
ECLI:EU:UNKNOWN:62011CA0122
62011CA0122
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Official Journal of the European Union
C 108/2
(Case C-122/11) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Regulation (EC) No 883/2004 - Coordination of social security systems - National rules precluding the indexation, during the period until 1 August 2004, of pensions of nationals of a Member State which has not concluded a reciprocal agreement or who do not satisfy the condition of residence in the European Union - Residence in a non-member State - Breach of the principle of non-discrimination on grounds of nationality - Inadmissible)
2013/C 108/03
Language of the case: French
Parties
Applicant: European Commission (represented by: V. Kreushitz and G. Rozet, acting as Agents)
Defendant: Kingdom of Belgium (represented by: L. Van den Broeck and C. Pochet, acting as Agents)
Intervener in support of the defendant: Hellenic Republic (represented by: E.-M Mamouna, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 4 and 7 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1) and Articles 18 and 45 TFEU — National rules precluding the indexation, for the period until 1 August 2004, of pensions of nationals of a Member State which had not concluded a reciprocal agreement or who do not satisfy the condition of residence in the European Union — Residence in a non-member State — Infringement of the principle of non-discrimination on grounds of nationality — Lack of justification
Operative part of the judgment
The Court:
1.Dismisses the action as inadmissible.
2.Orders the European Commission to pay the costs.
3.Orders the Hellenic Republic to bear its own costs.
(<span class="super">1</span>) OJ C 160, 28.5.2011