November 28
2021
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Trajan Shipley
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21st October 2021
Employment & Immigration Internal Market

Court of Justice clarifies when host state contribution periods are to be taken into account when determining benefits

The Court of Justice delivered judgment in Zakład Ubezpieczeń Społecznych I Oddział w Warszawie (C‑866/19), ruling that in calculating the theoretical amount of pension benefits, the Member State concerned must take account of all periods of insurance, including those taken place in other Member States, whereas the calculation of the pro rata benefit shall be carried out with regard solely to the periods of insurance completed under the legislation of the Member State concerned.

In the case at issue, the referring court had requested the Court of Justice to revisit its Tomaszewska (C‑440/09) case law. Under that judgment, the Court clarified when host state contribution periods must be taken into account with regard to the acquisi

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