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Case C-45/22: Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles (Belgium) lodged on 20 January 2022 — HK v Service fédéral des Pensions (SFP)
ECLI:EU:UNKNOWN:62022CN0045
62022CN0045
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10.5.2022
Official Journal of the European Union
C 191/10
(Case C-45/22)
(2022/C 191/13)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: HK
Defendant: Service fédéral des Pensions (SFP)
Questions referred
—Must the rule laid down in Article 55(1)(a) of Regulation (EC) No 883/2004 (1) that the competent institutions are to divide the amounts of the benefit or benefits or other income, as they have been taken into account, by the number of benefits subject to the said rules be interpreted as meaning that the income as such taken into account when applying the rule to prevent overlapping must be divided by the number of survivors’ pensions impacted by the rules against overlapping?
—On the contrary, must the rule laid down in Article 55(1)(a) of Regulation (EC) No 883/2004 that the competent institutions are to divide the amounts of the benefit or benefits or other income, as they have been taken into account, by the number of benefits subject to the said rules be interpreted as meaning that it is not the income as such taken into account when applying the rule to prevent overlapping, but rather it is the portion of the income which exceeds a ceiling in respect of overlapping, as, for example, laid down by the national rule at issue, that must be divided by the number of survivors’ pensions impacted by the rules against overlapping?
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).