24.5.2008

Official Journal of the European Union

C 128/8

(Case C-331/06)

(Old-age insurance - Worker who is a national of a Member State - Social security contributions - Separate periods - Different Member States - Calculation of periods of insurance - Application for a pension - Residence in a non-Member State)

(2008/C 128/12)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: K.D. Chuck

Defendant: Raad van Bestuur van de Sociale Verzekeringsbank

Re:

Reference for a preliminary ruling — Rechtbank Amsterdam — Interpretation of Article 48 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English Special Edition 1971 (II), p. 416) — Old-age pension insurance — Calculation of insurance periods of a national of a Member State who has worked in two other Member States — Residence in a non-member State at the date of retirement

Operative part of the judgment

Article 48(2) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Regulation (EC) No 631/2004 of the European Parliament and of the Council of 31 March 2004, requires the competent institution of the last Member State in which a worker who is a national of a Member State resided to take into account, in calculating the old age pension of that worker, who, when he submits his pension claim, is resident in a non-Member State, of the periods worked in another Member State under the same conditions as if that worker still resided in the European Community.

(<span class="super">1</span>) OJ C 281, 18.11.2006.