Request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen (Germany) lodged on 4 May 2021 – VA v Deutsche Rentenversicherung Bund
(Case C-283/21)
Language of the case: German
Referring court
Landessozialgericht Nordrhein-Westfalen
Parties to the main proceedings
Applicant: VA
Defendant: Deutsche Rentenversicherung Bund
Intervener: RB
Questions referred
Is under the legislation of the Netherlands – as the Member State which is competent under Title II of Regulation (EC) No 883/2004]1 – a child-raising period taken into account within the meaning of Article 44(2) of Regulation (EC) No 987/2009 2 by virtue of the fact that the period of child-raising in the Netherlands, as a pure period of residence, gives rise to a pension entitlement?
If Question 1 is answered in the negative:
Is Article 44(2) of Regulation No 987/2009 – following on from the judgments of 23 November 2000 in Case C-135/99 3 and of 19 July 2012 in Case C-522/10 4 – to be interpreted broadly as meaning that the competent Member State must also take into account the child-raising period if the person raising the child has completed pension-relevant periods before and after the child-raising due to education or employment only in the scheme of that State, but did not pay contributions into that scheme immediately before or after the child-raising?
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1 Regulation of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).
2 Regulation of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ 2009 L 284, p. 1).
3 EU:C:2000:647,
Elsen.
4 EU:C:2012:475,
Reichel-Albert.