Compliance of social insurance legislation in Denmark with EC law
7.1.2014
Question for written answer E-000089-14
to the Commission
Rule 117
Jarosław Leszek Wałęsa (PPE)
I request the Commission’s assistance in interpreting social security legislation in Denmark. It appears that it may constitute grounds for discrimination in the awarding of invalidity benefits and old-age pensions. In light of the above, could the Commission answer the following questions:
- 1.Who is entitled to exercise the rights set out in Article 50 of Regulation 883/2004 and Article 51(2) of Regulation 1408/71 corresponding to Decision P-1 and the Danish law on invalidity benefits and old-age pensions? (Decision P-1 of 12 June 2009 on the interpretation of Articles 50(4), 58 and 87(5) of Regulation (EC) No 883/2004 of the European Parliament and of the Council for the award of invalidity, old-age and survivors’ benefits)?
- 2.Does the Commission’s answer of 20.4.2012 (PE462.649v02-00) only apply to economically inactive EU citizens residing in Denmark or does it also apply to economically active persons and those in receipt of invalidity benefits under Regulations 1401/71 and 883/2004, and persons who, while receiving invalidity benefits in Denmark, were receiving benefits based on flexible employment arrangements and for unemployment due to illness?
- 3.Would it be possible for EU bodies to make a comparative calculation of pensions in order to identify possible breaches of EC law by the Danish authorities?
OJ C 279, 22/08/2014