Judgment of the Court (First Chamber) of 12 February 2015 (request for a preliminary ruling from the Arbeidshof te Antwerpen — Belgium) — Theodora Hendrika Bouman v Rijksdienst voor Pensioenen

(Case C-114/13) (1)

((Reference for a preliminary ruling - Social security - Regulation (EEC) No 1408/71 - Old age and survivors’ insurance - Article 46a(3)(c) - Award of benefits - National rules against overlapping - Derogation - Concept of ‘voluntary insurance or continued optional insurance’ - National pension under a compulsory insurance scheme - Possibility of requesting an exemption from affiliation for a certain period - Scope of the statement issued by the competent institution of another Member State - Regulation (EEC) No 574/72 - Article 47))

(2015/C 118/02)

Language of the case: Dutch

Referring court

Arbeidshof te Antwerpen

Parties to the main proceedings

Appellant: Theodora Hendrika Bouman

Respondent: Rijksdienst voor Pensioenen

Operative part of the judgment

Article 46a(3)(c) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 1992/2006 of the European Parliament and of the Council of 18 December 2006, must be interpreted as encompassing the part of the benefit resulting from a period of insurance during which the person concerned had the right to obtain an exemption from affiliation to the compulsory insurance scheme, in a situation where such affiliation, during the period in question, affects the extent of the social security benefit.

(1)  OJ C 147, 25.5.2013.