Cour de cassation, civile, Chambre civile 2, 9 mars 2017, 16-10.851, Publié au bulletin
In the present case, the Court of cassation (Cour de cassation) had to apply the principle of equality of treatment concerning old-age pension under Article 45 TFEU, Article 34 of the EU Charter of fundamental Rights and recital 5 of Regulation (EC) No 883/2004.
X, a British national, carry out salaried professional activity in UK, France and Monaco. X found that the totalised periods of work and social contributions gave him the right to a full statutory pension. On the contrary, the pension insurance institution found that, due to the working period in Monaco, which is not a Member State of the EU, X was not eligible to the full pension rate (50%) but had right only to the reduced-rate pension (32,5%).
The case was brought before the Court of Appeal of Aix-en-Provence (Cour d’appel d’Aix-en–Provence) which ruled that the pension insurance institution, which had to combine the social security schemes in three different countries, from which only two are Members of the EU, calculated the pension rights under the most favorable calculation method.
X lodged an appeal in cassation arguing that, in conformity with the general principle of equality, he should benefit from the same advantage granted to French citizens and, namely, the French social security scheme, which took into account the periods effectuated in Monaco.
The Court of cassation granted the claim.
It recalled that, according to the case-law of the EU Court of Justice (Case C-55/00), when a Member State concludes a bilateral international convention with a non-member country, the fundamental principle of equal treatment requires that Member State to grant nationals of other Member States the same advantages as those which its own nationals enjoy under that convention.
For that reason, the Court of cassation annulled the judgment of the Court of Appeal.
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