Order of the Court (Ninth Chamber) of 22 April 2015

Data

Court: Court of Justice

Case date: 22 april 2015

Verdict

Order of the Court (Ninth Chamber) of 22 April 2015 —

Paraskevopoulou

(Case C‑668/13) ¹ ⁽¹⁾

"Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Identical question referred - Social security for migrant workers - Regulation (EEC) No 1408/71 - Article 7(2)(c) - Applicability of social security conventions between Member States - Repatriated refugee whose country of origin is a Member State - Completion of periods of employment in the territory of another Member State - Application for grant of an old-age benefit - Refusal"

1. Questions referred for a preliminary rulingQuestions identical to questions already answered in the case lawApplication of Article 99 of the Rules of Procedure (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 99) (see paras 18-20)

2. Social securityMigrant workersEU legislationSubstitution for social security conventions between Member StatesMandatory natureBilateral agreement which relates to the social security benefits of nationals of one of the signatory States who had the status of political refugee in the territory of the other signatory StateAgreement not referred to in Annex III to Regulation No 1408/71Displacement before conclusion of the agreementAgreement inapplicable (Council Regulation No 1408/71, Arts 6 and 7(2)(c) and Annex III) (see para. 21, operative part)

Operative part

Article 7(2)(c) 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, as amended by Regulation (EC) No 1992/2006 of the European Parliament and of the Council of 18 December 2006, must be interpreted as meaning that a bilateral agreement, relating to the social security benefits of nationals of one of the signatory States having had the status of political refugees in the territory of the other signatory State, concluded on a date when one of the two signatory States had not yet acceded to the European Union and not appearing in Annex III to that regulation, does not continue to apply to the situation of political refugees repatriated to their State of origin before the bilateral agreement was concluded and that regulation entered into force.