Rejects that the pension acquired in another EU State cannot be computed to obtain early retirement
The Court of Justice of the EU has handed down a ruling against Spanish regulations that do not allow the pension acquired in another Member State to be computed to obtain the early retirement pension. The Court of Luxembourg has ruled at the request of the High Court of Justice of Galicia, after the Social Security denied the collection of an early retirement pension to two people who worked in Spain and Germany.
The Galician High Court of Justice drew attention to the fact that, under Spanish law, a worker entitled to a pension from at least two Member States may not be entitled to an early retirement pension, while he would be entitled to her a worker with the right to a pension of the same amount, but exclusively in charge of Spain.
In its ruling published last Thursday, the EU Court declares that the community regulation on the coordination of social security systems is opposed to Spanish regulations, to the extent that the concept of "pension to be received" is understood as the pension payable solely by Spain, without taking into account the pension that the worker could receive by way of equivalent benefits paid by one or more other Member States.
The EU Court indicates that the regulation "enshrines the principle of assimilation of benefits, income and facts", and "if by virtue of the legislation of the competent Member State, the enjoyment of social security benefits or other income produces certain legal effects, the provisions in question of said legislation will be equally applicable in the case of enjoyment of equivalent benefits acquired in accordance with the legislation of another Member State or of income acquired in the territory of another Member State. The Court of Justice considers that this should be applied to the situations examined, since the pension to which the workers are entitled constitutes "enjoyment of social security benefits".
Source: The Reason.