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Summary

European Court of Justice (ECJ), April 4, 2016

Case C-189/16. Social security

Do the provisions in Article 47(1)(d) of Regulation No 1408/71 mean that the insurance periods completed in another Member State, in the calculation of the Swedish guaranteed pension, can be given a pensionable value which corresponds to the average value of the Swedish periods where the competent authority undertakes a pro-rata calculation under Article 46(2) of that regulation?

If question 1 is answered in the negative, may the competent institution, in its calculation of the entitlement to a guaranteed pension take account of pension income which an insured person receives in another Member State without that running counter to the provisions of Regulation No 1408/71?