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Case C-731/21: Judgment of the Court (Eighth Chamber) of 8 December 2022 (request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg — Luxembourg) — GV v Caisse nationale d’assurance pension (Reference for a preliminary ruling — Free movement of persons — Article 45 TFEU — Workers — Regulation (EU) No 492/2011 — Article 7(1) and (2) — Equal treatment — Social advantages — Survivor’s pension — Members of a civil partnership — National legislation making the grant of a survivor’s pension conditional upon the entry in the national register of a partnership that was validly concluded and registered in another Member State)
ECLI:EU:UNKNOWN:62021CA0731
62021CA0731
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30.1.2023
Official Journal of the European Union
C 35/17
(Case C-731/21) (*)
(Reference for a preliminary ruling - Free movement of persons - Article 45 TFEU - Workers - Regulation (EU) No 492/2011 - Article 7(1) and (2) - Equal treatment - Social advantages - Survivor’s pension - Members of a civil partnership - National legislation making the grant of a survivor’s pension conditional upon the entry in the national register of a partnership that was validly concluded and registered in another Member State)
(2023/C 35/19)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: GV
Defendant: Caisse nationale d’assurance pension
Operative part of the judgment
Article 45 TFEU and Article 7 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union, as amended by Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016,
must be interpreted as precluding legislation of a host Member State which provides that the grant, to the surviving partner of a partnership that was validly entered into and registered in another Member State, of a survivor’s pension due on account of the exercise, in the first Member State, of a professional activity by the deceased partner, is subject to the condition that the partnership was first recorded in the register kept by that State.
(*) Language of the case: French.