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Case C-189/16: Request for a preliminary ruling from the Högsta förvaltningsdomstolen (Sweden) lodged on 4 April 2016 — Boguslawa Zaniewicz-Dybeck v Pensionsmyndigheten

ECLI:EU:UNKNOWN:62016CN0189

62016CN0189

April 4, 2016
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13.6.2016

Official Journal of the European Union

C 211/34

(Case C-189/16)

(2016/C 211/44)

Language of the case: Swedish

Referring court

Parties to the main proceedings

Applicant: Boguslawa Zaniewicz-Dybeck

Defendant: Pensionsmyndigheten

Questions referred

1.Do the provisions in Article 47(1)(d) of Regulation No 1408/71 (1) mean that the insurance periods completed in another Member State, in the calculation of the Swedish guaranteed pension, can be given a pensionable value which corresponds to the average value of the Swedish periods where the competent authority undertakes a pro-rata calculation under Article 46(2) of that regulation?

2.If question 1 is answered in the negative, may the competent institution, in its calculation of the entitlement to a guaranteed pension take account of pension income which an insured person receives in another Member State without that running counter to the provisions of Regulation No 1408/71?

(1) Council Regulation (EC) No 1408/71 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 (OJ 1971 L 149, p. 2).

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