13 Fév European Court of Justice – February 2026
Reference for a preliminary ruling – Social security – Migrant workers – Regulation (EC) No 883/2004 – Equal treatment – Aggregation of periods – Article 58 – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Invalidity benefits – Supplement in order to guarantee receipt of the statutory minimum invalidity benefit – Stricter conditions relating to the contribution period for workers who have exercised their right to freedom of movement.
ECJ, 22 January 2026, C 633/24, F.F. v Istituto nazionale della previdenza sociale (INPS).
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Article 58 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, read in conjunction with Articles 4 and 6 of that regulation, must be interpreted as precluding the legislation of a Member State under which the payment of a supplement intended to guarantee receipt of the minimum amount of an invalidity allowance is subject, for insured persons who paid contributions in other Member States, to a ten-year contribution period in that Member State whereas, for those who paid contributions exclusively in that Member State, payment of that supplement is subject to a contribution period of five years in that country, three of which must have been in the preceding five years.
