10.9.2011

Official Journal of the European Union

C 269/25

(Case C-282/11)

2011/C 269/46

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Concepción Salgado González

Defendants: Instituto Nacional de la Seguridad Social (INSS) and Tesorería General de la Seguridad Social (TGSS)

Questions referred

1.Is it in accordance with the Community objectives set out in Article 48 of the Treaty on the Functioning of the European Union and in Article 3 of Regulation No 1408/71/EEC, of 14 June, and with the wording of Annex VI(D)(4) to Regulation No 1408/71/EEC of 14 June, on the application of social security schemes to employed persons, to self-employed persons and their families moving within the European Union to interpret Annex VI(D)(4) to the effect that, for the calculation of the theoretical Spanish benefit carried out on the basis of the actual contributions of the insured person, during the years immediately preceding payment of the last contribution to the Spanish Social Security, the sum thus obtained is divided by 210, that divider being established by the calculation of the basis for determination of the retirement pension in accordance with Article 162(1) of the General Law on Social Security?

2.(if the first question should be answered in the negative): Is it in accordance with the Community objectives set out in Article 48 of the Treaty on the Functioning of the European Union and Article 3 of Regulation No 1408/71/EEC, of 14 June, and with the wording of Annex VI(D)(4) of Regulation No 1408/71/EEC of 14 June, on the application of social security schemes to employed persons, to self-employed persons and their families moving within the European Union to interpret the said Annex VI(D)(4) to the effect that, for the calculation of the theoretical Spanish benefit carried out on the basis of the actual contributions of the insured person, during the years immediately preceding payment of the last contribution to the Spanish Social Security, the sum thus obtained is divided by the number of years of contribution in Spain?

3.(in the event of a negative response to the first question and whatever the answer to the first question, whether affirmative or negative): Is Annex (XI)(G)(3)(a) 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 applicable by analogy, in the case described in these proceedings, with the aim of satisfying the Community objectives set out in Article 48 of the Treaty on the Functioning of the European Union and Article 3 of Regulation No 1408/71/EEC of 14 June, on the application of social security schemes to employed persons, to self-employed persons and their families moving within the European Union, and, as a result, is it possible to cover the contribution period in Portugal with the basis of contributions in Spain closest in time to that period, taking into account the evolution of consumer prices?

4.(if the first, second and third questions are all answered in the negative): What, if none of the previously mentioned interpretations were held to be wholly or partly correct, would be the interpretation of Annex VI(D)(4) of Regulation No 1408/71/EEC of 14 June, on the application of social security schemes to employed persons, to self-employed persons and their families moving within the European Union that, being useful for the resolution of the dispute described in these proceedings, is most in accordance with the Community objectives set out in Article 48 of the Treaty on the Functioning of the European Union and Article 3 of Regulation No 1408/71/EEC, of 14 June and with the actual wording of Annex VI(D)(4)?

Language of the case: Spanish

(1) OJ 1971 L 149, p. 2

(2) OJ 2004 L 166, p. 1