Judgment of the Court (Second Chamber) of 7 July 2022 (request for a preliminary ruling from the Oberster Gerichtshof – Austria) – CC v Pensionsversicherungsanstalt

(Case C-576/20) ¹

(Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 987/2009 – Article 44(2) – Scope – Old-age pension – Calculation – Taking into account of child-raising periods completed in other Member States – Article 21 TFEU – Free movement of citizens)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: CC

Defendant: Pensionsversicherungsanstalt

Operative part of the judgment

Article 44(2) of Regulation (EC) No 987/2009 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 must be interpreted as meaning that, where, for the purpose of granting an old-age pension, the person concerned does not fulfil the condition of pursuing an activity as an employed or self-employed person imposed by that provision in order to have taken into account, by the Member State responsible for payment of that pension, child-raising periods completed by that person in other Member States, that Member State is required to take account of those periods pursuant to Article 21 TFEU, provided that that person worked and paid contributions exclusively in that Member State, both before and after transferring that person’s place of residence to another Member State where the person carried out those child-raising periods.

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¹ OJ C 35, 1.2.2021.