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21.7.2012   

EN

Official Journal of the European Union

C 217/11

Reference for a preliminary ruling from the Tribunale della Spezia (Italy) lodged on 14 May 2012 — Simone Gardella v Istituto nazionale della previdenza sociale (INPS)

(Case C-233/12)

2012/C 217/22

Language of the case: Italian

Referring court

Tribunale della Spezia

Parties to the main proceedings

Applicant: Simone Gardella

Defendant: Istituto nazionale della previdenza sociale (INPS)

Questions referred

1.

Must Articles 20, 45, 48 and 145 to 147 of the Treaty on the Functioning of the European Union (TFEU) and Article 15 of the Charter of Fundamental Rights of the European Union (CFEU) be interpreted as precluding national legislation or national administrative practice which do not permit a worker who is a national of a Member State to transfer to the pension scheme of an international body situated in the territory of another Member State of the European Union, where he works and is insured, the pension contributions credited to the social security scheme of his own State, where he was previously insured?

2.

As a consequence of the circumstances set out in Question 1, should it be possible to exercise the right to transfer contributions even in the absence of any specific agreement between the Member State of which the worker is a national or the worker’s pension institution, on the one hand, and the international body on the other?’