Judgment of the Court in Case C-731/21 | Caisse nationale d’assurance pension
Date of article: 08/12/2022
Daily News of: 09/12/2022
Country: 
EUROPE
Author: Court of Justice of the European Union
Article language: en
Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-12/cp220199en.pdf
PRESS RELEASE No 199/22
Luxembourg, 8 December 2022
Judgment of the Court in Case C-731/21 | Caisse nationale d’assurance pension
Cross-border workers are not required to have registered in Luxembourg a civil partnership (PACS) that was entered into in another Member State
The grant of a survivor’s pension cannot be conditional upon such a registration taking place during the partners’ lifetime
In December 2015, GV and her partner, French nationals residing in France and employees in Luxembourg, registered, in due and proper form, a joint declaration of a civil solidarity pact (PACS) with the tribunal d’instance de Metz (District Court, Metz, France). After GV’s partner died in 2016 as a result of an accident at work, GV applied to the caisse nationale d’assurance pension (National Pension Insurance Fund, Luxembourg) for a survivor’s pension. That application was refused on the ground that the PACS registered in France had not been recorded in the Luxembourg Civil Records Registry during the lifetime of the two contracting parties and that, consequently, it could not be relied on against third parties.
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