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Case C-523/13: Request for a preliminary ruling from the Bundessozialgericht (Germany) lodged on 3 October 2013 — Walter Larcher v Deutsche Rentenversicherung Bayern Süd
ECLI:EU:UNKNOWN:62013CN0523
62013CN0523
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Valentina R., lawyer
25.1.2014
Official Journal of the European Union
C 24/2
(Case C-523/13)
2014/C 24/02
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Walter Larcher
Defendant: Deutsche Rentenversicherung Bayern Süd
Questions referred
1.Does the principle of equality laid down in Article 39(2) EC (now Article 45(2) TFEU) and Article 3(1) of Regulation (EEC) No 1408/71 (1) preclude a national provision under which it is a condition of entitlement to an old-age pension following part-time work for older employees that the part-time work for older employees was pursued under the legislation of that Member State, and not of another Member State?
2.If so, what requirements does the principle of equal treatment in Article 39(2) EC (now Article 45(2) TFEU) and Article 3(1) of Regulation (EEC) No 1408/71 impose on the assimilation of part-time work for older employees completed under the legislation of the other Member State as a condition of entitlement to a national old-age pension:
(a)Is a comparative examination of the conditions for part-time work for older employees needed?
(b)If so, is it sufficient that the part-time work for older employees in both Member States is essentially the same in content, in terms of its functioning and structure?
(c)Or must the conditions for part-time work for older employees in both Member States be identical in content?
Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ 1971 L 149, p. 2).