Order of the Court (Seventh Chamber) of 9 July 2010.#Luigi Ricci and Aduo Pisaneschi v Istituto nazionale della previdenza sociale (INPS).#References for a preliminary ruling: Corte d'appello di Roma - Italy.#First subparagraph of Article 104(3) of the Rules of Procedure - Officials - Retirement pension - Cumulation of periods of insurance - Article 11 of Annex VIII to the Staff Regulations - Taking account of periods of activity within the European Communities - Article 10 EC.#Joined cases C-286/09 and C-287/09.

ECLI:EU:C:2010:420Eu Chamb 07 CJul 9, 2010

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Subject of the case
Operative part

Subject of the case

Re:

Reference for a preliminary ruling – Corte d’appello di Roma – Interpretation of 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 – Interpretation of Articles 17, 39 and 42 EC – Old-age pension – Aggregation of insurance periods – Failure to take into account the period of affiliation to the Joint Sickness Insurance Scheme of the European Communities.

Operative part

Operative part:

Article 10 EC, together with the Staff Regulations of Officials of the European Communities, must be interpreted as precluding national legislation that does not permit account to be taken of years worked by a European Union citizen in a European Union institution, such as the Commission of the European Communities, or in a European Union body, such as the Economic and Social Committee, for the purpose of establishing a right to a retirement pension under the national scheme, regardless of whether the person involved takes early retirement or retires at the usual age.

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