Compatibility between the Spanish pension supplement for total permanent invalidity and the retirement pension of another member state or Switzerland

Abstract

The present study is about the judgement from the European Union's Court of Justice of 15th March, 2018, C-431/16, which resolves the preliminary ruling question raised by the Order of the Supreme Court of Castilla y León of 11th May, 2016, regarding the interpretation of certain articles of Regulations (EC) no. 1408/71 and no. 883/2004, relating to the reduction clause applicable in case of accumulation of Spanish benefits and of those of another Member State of the European Union or of Switzerland, by the same beneficiary. This interpretation is required to decide on the compatibility or not of the Spanish supplement of the total permanent invalidity pension with the Swiss retirement pension. In this regard, the Spanish judicial doctrine is divided into two contradictory lines, the Spanish Supreme Court, in unification of doctrine, has declared incompatibility. The analysed judgement from the European Union's Court of Justice declares both benefits of the same kind to be compatible