Special provisions granted to retirees if certain criteria are met
In Case C-32/19 AT v Pensionsversicherungsanstalt, the Court of Justice of the European Union was asked to review Article 17(1)(a) of the Citizens’ Rights Directive which provides an exception to those who reach retirement age from the usual requirement of five years’ continuous residence before a person is entitled to permanent residence in the country to which they have moved. The exception applies to:
- workers or self-employed persons who, at the time they stop working, have reached the age laid down by the law of the Member State for entitlement to an old age pension; or
- workers who cease paid employment to take early retirement, provided that they have been working in that Member State for at least the preceding twelve months and have resided there continuously for more than three years.
The court noted that since Article 17 is a derogation from the usual five-year rule it must be interpreted strictly.
