(Case C-179/18 Request for a preliminary ruling from the Arbeidsrechtbank Gent (Belgium) lodged on 7March 2018— Ronny Rohart v Federale Pensioendienst

Request for a preliminary ruling from the Arbeidsrechtbank Gent (Belgium) lodged on 7March 2018— Ronny Rohart v Federale Pensioendienst

(Case C-179/18)

Language of the case: Dutch

Referring court

Arbeidsrechtbank Gent

Parties to the main proceedings

Applicant: Ronny Rohart

Defendant: Federale Pensioendienst

Question referred

Must the principle of sincere cooperation as laid down in Article4(3) TEU, in conjunction with the Staff Regulations of Officials of the European Union, as laid down in Regulation (EEC, Euratom, ECSC) No259/68¹ of the Council of 29February 1968, be interpreted as precluding the legislation of a Member State not permitting the military service which a worker has carried out in a Member State to be taken into account in the calculation of that worker’s retirement pension on the basis of his performance in that Member State, because at the time of his military service and subsequently as well, the person concerned was uninterruptedly an official of the European Union, and consequently, does not satisfy the conditions for equivalence as laid down in the legislation of that Member State?

____________

¹ Regulation (EEC, Euratom, ECSC) No259/68 of the Council of 29February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ 1968, L 56, p.1).