23.2.2008

Official Journal of the European Union

C 51/10

(Joined Cases C-396/05, C-419/05 and C-450/05)

(Social security - Regulation (EEC) No 1408/71 - Annexes III and VI - Freedom of movement for persons - Articles 18 EC, 39 EC and 42 EC - Old-age benefits - Periods of contribution completed outside the Federal Republic of Germany - Not exportable)

(2008/C 51/16)

Language of the case: German

Referring courts

Parties to the main proceedings

Applicant: Doris Habelt (C-396/05), Martha Möser (C-419/05) and Peter Wachter (C-450/05)

Defendant: Deutsche Rentenversicherung Bund

Re:

Reference for a preliminary ruling — Sozialgericht Berlin — Interpretation of Article 42 of the EC Treaty — Validity of Annex VI D. (Germany), No 1, to Regulation (EEC) No 1408/71 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), as amended — Refusal to pay German old-age benefits in respect of periods of employment completed between 1939 and 1945 in the Sudetenland to a German national who has taken up residence in Belgium

Operative part of the judgment

1)The provisions of Annex VI, Part C, headed ‘Germany’, point 1, to Regulation (EEC) No 1408/71 of the Council 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, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, are incompatible with freedom of movement for persons, and, in particular, with Article 42 EC, in that they make it possible, in circumstances such as those in the main proceedings, to make the inclusion, for the purposes of the payment of old-age benefits, of contribution periods completed between 1937 and 1945 on the parts of the territory where the social security legislation of the German Reich was applicable, but which are outside the territory of the Federal Republic of Germany, subject to the condition that the recipient reside in the territory of that Member State.

2)The provisions of Annex III, Parts A and B, point 35, headed ‘Germany-Austria’, under (e), to Regulation No 1408/71, as amended, are incompatible with Article 39 EC and Article 42 EC in that they make it possible, in circumstances such as those in the main proceedings, where the recipient resides in Austria, to make the inclusion, for the purposes of the payment of old-age benefits, of contribution periods completed under the law on pension rights acquired by contribution abroad (Fremdrentengesetz) between 1953 and 1970 in Romania subject to the condition that the recipient reside in the territory of the Federal Republic of Germany.

3)The provisions of Annex VI, Part C, headed ‘Germany’, point 1, to Regulation No 1408/71, as amended, are incompatible with freedom of movement for persons and, in particular, with Article 42 EC, in that they make it possible, in circumstances such as those in the main proceedings, to make the inclusion, for the purposes of the payment of old-age benefits, of contribution periods completed under the law on pension rights acquired by contribution abroad between 1953 and 1970 in Romania subject to the condition that the recipient reside in the territory of the Federal Republic of Germany.

(1)

OJ C 22, 28.1.2006.

OJ C 22, 25.3.2006.