14.2.2022

Official Journal of the European Union

C 73/15

(Case C-731/21)

(2022/C 73/20)

Language of the case: French

Referring court

Parties to the main proceedings

Appellant in cassation: GV

Respondent in cassation: Caisse nationale d’assurance pension

Question referred

Does European Union law, in particular Articles 18, 45 and 48 of the Treaty on the Functioning of the European Union and Article 7(2) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union, (1) preclude provisions of the law of a Member State, such as Article 195 of the Luxembourg Social Security Code and Articles 3, 4 and 4-1 of the amended Law of 9 July 2004 on the legal effects of certain partnerships, which make the grant, to the surviving partner of a partnership properly entered into and registered in the Member State of origin, of a survivor’s pension, due as a result of the exercise by the deceased partner of a professional activity in the host Member State, subject to the condition that the partnership was recorded in a register kept by that State for the purposes of verifying compliance with the substantive conditions required by the law of that Member State in order to recognise a partnership and ensure its effectiveness vis-à-vis third parties, whereas the grant of a survivor’s pension to the surviving partner of a partnership entered into in the host Member State is subject to the sole condition that the partnership has been properly entered into and registered there?

(1) OJ 2011 L 141, p. 1.