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Document 62021CN0404

Case C-404/21: Request for a preliminary ruling from the Tribunale Ordinario di Asti (Italy) lodged on 30 June 2021 — WP v Istituto nazionale della previdenza sociale, Repubblica italiana

OJ C 357, 6.9.2021, p. 14–14 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

6.9.2021   

EN

Official Journal of the European Union

C 357/14

Request for a preliminary ruling from the Tribunale Ordinario di Asti (Italy) lodged on 30 June 2021 — WP v Istituto nazionale della previdenza sociale, Repubblica italiana

(Case C-404/21)

(2021/C 357/17)

Language of the case: Italian

Referring court

Tribunale Ordinario di Asti

Parties to the main proceedings

Applicant: WP

Defendants: Istituto nazionale della previdenza sociale, Repubblica italiana

Questions referred

1.

Must Articles 45 and 48 TFEU, Article 4 TEU, Article 11 of Annex VIII to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union and Article 8 of Annex IIIa to the Conditions of Employment for Staff of the European Central Bank be interpreted as precluding a set of national rules or a national administrative practice which does not allow a worker who is a national of a Member State who has paid contributions to the national social security institution and who currently works for an EU institution, such as the ECB, to transfer to the pension scheme of that institution the pension contributions credited to the social security scheme of his or her own State?

2.

Based on the answer to the question set out above, must it be possible to exercise the right to transfer contributions even in the absence of national implementing legislation or a specific agreement between the Member State of which the worker is a national or the worker’s pension institution, on the one hand, and the EU institution, on the other?
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