Bocero Torrico (Social security of migrant workers - Opinion)

(Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (High Court of Justice, Galicia, Spain))

(Reference for a preliminary ruling — Social security of migrant workers — Regulation (EC) No 883/2004 — Article 5 — Early old-age benefit — Requirement that the amount of early old-age benefit to be received be higher than minimum old-age benefit on reaching age of 65 — Method of calculating minimum amount — National legislation taking into account only benefit from the competent Member State —Failure to take into account benefit from another Member State — Requirement of equal treatment of benefits)

These requests for a preliminary ruling, which were lodged at the Registry of the Court on 15 June 2018 (Case C‑398/18) and 28 June 2018 (Case C‑428/18) respectively, concern the interpretation of EU law, in particular, Article 48 TFEU and, for that matter, Articles 5 and 6 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. ( 2 )

The requests have been made in proceedings between Mr Bocero Torrico, on the one hand, and the Instituto Nacional de la Seguridad Social (National Social Security Agency) (‘INSS’) and the Tesorería General de la Seguridad Social (General Social Security Treasury) (‘TGSS’) on the other hand (Case C‑398/18), and between Mr Bode, on the one hand, and INSS and TGSS, on the other hand (Case C‑428/18).

While the request for a preliminary ruling specifically refers to Article 48 TFEU, in my view the answer to the question referred may be found in Article 5 of Regulation No 883/2004 which lays down the principle, deriving from the case-law of the Court, of equal treatment of benefits, income and facts.