Question juridique clé
Whether the Austrian disability pension bindingly established invalidity for Swiss disability insurance purposes
Solution extraite
No. The Austrian decision was not binding on the Swiss insurer because the relevant invalidity criteria are not harmonized for Switzerland and Austria under the applicable coordination rules.
Motifs extraits
Under Art. 40(4) of Regulation 1408/71, a foreign invalidity decision is binding only where the annexed national invalidity concepts are recognized as equivalent. That was not the case here, so the Austrian pension could not determine the Swiss entitlement.