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Case C-651/16: Judgment of the Court (Tenth Chamber) of 7 March 2018 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — DW v Valsts sociālās apdrošināšanas aģentūra (Reference for a preliminary ruling — Social security — Maternity benefit — Calculation of the amount on the basis of the income of the insured person during a reference period of 12 months — Person employed, during that period, by an EU institution — National legislation fixing the amount at issue at 70 % of the average contribution basis — Restriction on freedom of movement for workers — Principle of sincere cooperation)
ECLI:EU:UNKNOWN:62016CA0651
62016CA0651
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Official Journal of the European Union
C 161/11
(Case C-651/16) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Social security - Maternity benefit - Calculation of the amount on the basis of the income of the insured person during a reference period of 12 months - Person employed, during that period, by an EU institution - National legislation fixing the amount at issue at 70 % of the average contribution basis - Restriction on freedom of movement for workers - Principle of sincere cooperation))
(2018/C 161/12)
Language of the case: Latvian
Referring court
Parties to the main proceedings
Applicant: DW
Defendant: Valsts sociālās apdrošināšanas aģentūra
Operative part of the judgment
Article 45 TFEU must be interpreted as precluding legislation of a Member State such as that at issue in the main proceedings that, for the purposes of determining the average contribution basis when calculating the amount of maternity benefit, equates the months of the reference period in which the person concerned worked in an EU institution and was not insured in that Member State with a period of unemployment and applies to them the average contribution basis in that Member State, which has the effect of substantially reducing the amount of the maternity benefit granted to that person in comparison with the amount to which she would have been entitled had she been gainfully employed in that Member State alone.
(<span class="note">1</span>) OJ C 86, 20.3.2017.