17.9.2018

Official Journal of the European Union

C 328/28

(Case C-447/18)

(2018/C 328/37)

Language of the case: Slovak

Referring court

Parties to the main proceedings

Appellant: UB

Respondent: Generálny riaditeľ Sociálnej poisťovne Bratislava

Question referred

In the circumstances of the main proceedings, is it possible to interpret Article 1(w), Article 4 and Article 5 of Regulation (EC) No 883/2004 (1) of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, considered in conjunction with the right to social security benefits and social advantages, as enshrined in Article 34(1) and (2) of the Charter of Fundamental Rights of the European Union, as precluding the application of a provision of national legislation pursuant to which the Slovak social security body is to take into consideration an applicant’s citizenship as a fundamental condition for the purposes of determining the right of national sports representatives to a benefit in addition to the old-age pension, even if another statutory requirement, namely the fact of having represented the legal predecessors of the State, including the Czechoslovak Socialist Republic, is also part of that provision of national legislation?

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(1) OJ 2004 L 166, p. 1.