ECJ Ruling Forces Pension Systems to Count Cross-Border Hazardous Work
The European Court of Justice has ruled in case C-717/24 that work performed under hazardous conditions in any EU country must be counted toward early retirement eligibility in the worker’s...
The European Court of Justice has ruled in case C-717/24 that work performed under hazardous conditions in any EU country must be counted toward early retirement eligibility in the worker’s home state.
Table Of Content
The Scope of the Ruling
The latest ruling from the European Court of Justice (case C-717/24) clarifies that periods of employment in special conditions or hazardous professions in other EU member states must be included in pension service records. It is irrelevant whether the member state had a separate pension system for those specific professions or integrated them into the general system.
Impact on Workers and Pension Institutions
For those who worked as miners, steelworkers, construction workers, or in other hazardous conditions across the EU, this ruling is definitive: foreign service in arduous occupations must be credited toward bridge pensions or early retirement. Freedom of movement within the EU cannot result in the loss of acquired pension privileges, forcing national bodies like the Polish ZUS to adjust their practices.
Case Background: The Miner’s Precedent
The ruling stems from the case of a miner identified as “BD,” who spent nearly 20 years working in an underground mine in Karviná, Czech Republic. When he applied for his pension in Slovakia, authorities refused to count those years, claiming the work did not qualify under the Slovak system. The ECJ stepped in, reminding all member states that the freedom of movement must not disadvantage a worker’s social security position.
Legal Basis for Aggregation
The ECJ reaffirmed the principle of “aggregation of periods” under Article 51 of Regulation 883/2004. This regulation mandates that if a member state ties retirement benefits to specific occupations, it must count periods served in similar roles in other EU countries. This mechanism applies regardless of whether the specific country maintains a formal, separate pension scheme for those workers.
Implementation for Polish Authorities
Although the case involved the Czech Republic and Slovakia, the ECJ’s interpretation is binding across the European Union, including Poland. Consequently, the Polish Social Insurance Institution (ZUS) and labor courts must apply this interpretation to all claims. Foreign periods of employment in heavy industry or hazardous conditions must now be unconditionally included when determining eligibility for preferential or bridge pensions.