The EU judges referred back to the examination of the concrete Case of Germany, the Federal labour court (case C-168/18).
A retired fighting to get the full benefits from his occupational pension. He had to accept cuts, because first of all, the competent pension Fund got into trouble and later his former employer was insolvent.
the state must guarantee “conscience protection”
From the point of view of the pensioner, the Pensions-Sicherungs-Verein step in and reductions to be offset. This Association is entrusted by law in Germany to occupational pensions in the case of a company to secure bankruptcy. PDF Everything you need to know about your pension
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The Federal labour court has doubts that the club will have to pay in this case, but asked the ECJ for interpretation of EU Law. The EU judges hold that the relevant Directive requires EU States to “ensure a certain level of protection”, when cuts to pensions are manifestly disproportionate. There was a wide measure of discretion.
a Minimum of half – and-over poverty threshold
The EU judges give instructions, which means “manifestly disproportionate”: As a former employee should receive in the event of the insolvency of the former employer, at least half of the old-age pension in accordance with the acquired rights; in addition, the minimum attack protection, if the person slipped because of the cuts under the poverty threshold.
pensioners will double-cashed: millions of Germans through operation of pension Savings brought PCP pensioners cashed twice: millions of Germans through operation of pension Savings brought
pom/dpa
