Official Journal of the European Union

C 164/5

(Case C-548/11)(1)

(Social security - Regulation (EEC) No 1408/71 - Article 1(r) - Definition of ‘periods of insurance’ - Article 46 - Calculation of retirement pension - Periods of insurance to be taken into consideration - Frontier workers - Period of incapacity for work - Aggregation of similar benefits paid by two Member States - No account taken of a period of incapacity for work as a period of insurance - Residence requirement - Nation rules precluding the cumulation of benefits)

2013/C 164/07

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Edgard Mulders

Defendant: Rijksdienst voor Pensioenen

Re:

Request for a preliminary ruling — Arbeidshof te Antwerpen — Interpretation of Articles 1(r) and 46 of Council Regulation (EEC) 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, English Special Edition 1971(II), p. 416) — Old-age and death insurance — Calculation of benefits — Periods of insurance to be taken into consideration

Operative part of the judgment

Articles 1(r) and 46 of Regulation (EEC) No 1408/71 of the Council 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, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, read in the light of Article 13(2)(a) of that regulation and Articles 45 TFEU and 48 TFEU, are to be interpreted, for the purpose of calculating a retirement pension in one Member State, as precluding the legislation of another Member State under which a period of incapacity for work during which sickness insurance benefit — from which contributions were deducted by way of old-age insurance — was paid in that other Member State to a migrant worker is not regarded as a ‘period of insurance’ within the meaning of those provisions, on the ground that the person concerned is not resident in the latter State and/or was in receipt of a similar benefit under the legislation of the first Member State, which could not be combined with the sickness insurance benefit.

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Language of the case: Dutch.