FROMONT BRIENS

[ARTICLE] Invalidity benefit for a mobile worker, 2026/09/10

Calculation of the invalidity benefit for a mobile worker

Court of Justice of the European Union Judgment in Case C?633/24, Sovisso

An Italian national who had worked in Switzerland and subsequently in Italy applied for a supplementary invalidity benefit intended to guarantee the Italian statutory minimum allowance. The Italian authorities refused to grant the supplement on the grounds that the applicant had not completed ten years of contributions in Italy, a requirement imposed on persons who had paid contributions in several States. By contrast, a person having contributed exclusively to Italy could obtain the supplement with only five years of contributions.

The Court held that such difference in treatment was contrary to Articles 4, 6 and 58 of Regulation (EC) No 883/2004. It recalled that periods completed in another Member State — including Switzerland pursuant to the EU–Switzerland Agreement — must be considered as though they had been completed in the competent State.

The Court confirmed that the principle of aggregation of insurance periods precludes Member States from imposing stricter contribution requirements on mobile workers than those applicable to “sedentary” workers. Article 58 of Regulation (EC) No 883/2004, concerning the supplement to minimum benefits, must therefore be interpreted in conjunction with the principles of equal treatment and free movement of workers.

Lastly, the Court of Justice reiterated a well-established principle concerning remedies for discrimination: where national law provides for two different schemes that are incompatible with EU law, the national court must apply the more favorable scheme to the disadvantaged group. In the present case, migrant workers must therefore benefit from the same conditions as workers who contributed exclusively to Italy, namely the requirement of five years of contributions.

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