Cour de cassation, civile, Chambre civile 2, 6 octobre 2016, 15-23895
The present case concerned the rules on Social Security Law. Mrs. X. was entitled to a disability pension since 2005. She obtained from the Regional Health Insurance Fund of Île-de-France the maintenance of the aforementioned pension beyond her sixtieth birthday.
Following her dismissal in 2011, the fund notified her of its refusal to continue paying her beyond 30 November 2011 and has claimed repayment of the overpaid pension for the month of December 2011.
On that occasion. Mrs. X. filed an action before a social security court.
The Court of Appeal of Paris (Cour d‘appel de Paris) rejected her claim.
Subsequently, Mrs. X lodged an appeal before the Court of cassation. (Cour de cassation).
An old age pension is necessarily substituted for a disability pension at the age of 60 years. However, the insured has the option to oppose it if the person carries out a professional activity.
Mrs. X. considered that without giving her the right to prove her ability to continue working, the provisions of Article L. 341-15 and L. 341-16 of the French Social Security Code infringe Article 14 of the European Convention on human rights and fundamental freedoms, in conjunction with Article I of Protocol 1, Article I of Protocol No 12 and Article 21 of the Charter of fundamental rights of the European Union.
The Court of cassation referred to Article 51, paragraph 1, Title VII of the Charter of Fundamental Rights of the European Union.
The Court of cassation ruled that the provisions thereof are addressed to Member States only when they are implementing Union law.
Thus, the planning of their social security system falls within the exclusive competence of each Member State of the European Union.
Consequently, the Court of cassation dismissed the appeal of Mrs. X.
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