26.9.2009

Official Journal of the European Union

C 233/9

(Case C-287/09)

2009/C 233/15

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Aduo Pisaneschi

Defendant: Istituto nazionale della previdenza sociale (INPS)

Questions referred

The Court of Justice is asked to give a preliminary ruling under Article 234 EC as to whether Articles 17, 39 and 42 EC, and the relevant provisions of Regulation No 1408/71, must be interpreted as meaning that the principle that all insurance periods must be aggregated for the purposes of entitlement to the right to benefits, and of the acquisition and maintenance of that right — a principle implemented through the adoption, by the Council, of Regulation No 1408/71 — applies in all cases where the aggregation and pro rata mechanism must be used for the purposes of recognising the right to a given benefit, with the result that account must be taken to that end both of the insurance periods completed under the legislation of each Member State, and of those completed under the social insurance scheme applicable to employees of the Community institutions.