Zaniewicz-Dybeck v Pensionsmyndigheten

European Union – Pensions. Regulation (EEC) No 1408/71 was to be interpreted as meaning that, when the competent institution of a member state calculated a minimum benefit, such as the guaranteed pension at issue in the main proceedings, it was inappropriate to apply arts 46(2) or 47(1)(d) of the regulation. Such a benefit should be calculated in accordance with art 50 of the regulation, in conjunction with the provisions of national law, without, however, applying national provisions, such as those in the main proceedings, providing for a pro rata calculation. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning the award of a guaranteed pension, as provided for under the Swedish state retirement scheme.

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