Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/04/2015

Subject: The Court, interpreting Regulation (EEC) No 1408/71, on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, affirmed that the pension of a person entitled must be regarded as payable from the commencement of the period in respect of which that pension was actually paid to that person, whatever the date on which the entitlement to that pension was formally confirmed. Moreover, the Court affirmed that that Regulation precludes legislation of a Member State which does not allow the recipient of a pension awarded by that Member State with retroactive effect of one year to become affiliated to compulsory health care insurance with the same retroactive effect, and which has the effect of depriving that person of all social security cover without all the relevant circumstances, in particular those relating to that person’s personal situation, being taken into account

Parties: Fischer-Lintjgen

Classification: Solidarity - Art. 34 Social security - Citizens’ rights - Art. 45 Freedom of movement

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