[2024] UKUT 405 (AAC)

Essentially for the reasons given by Lewis LJ at ¶51, the Respondent’s interpretation would tend to deter free movement. The right of free movement under EU law attached to pensioners as well as to workers, provided that they satisfied certain preconditions. Even if this is consideration is less powerful in relation to pensioners than workers, I think it still has some force. Likewise, and again for the reasons given by Lewis LJ at ¶53, the interpretation that I have adopted will respect the principle that an insured person is subject to the legislation of a single state. The consequence of the interpretation of Art 11(3)(e) at ¶54 of the judgment, by which I am bound and which I would in any event accept, is that SE does not have concurrent rights from both the UK and Switzerland, but merely that her rights under UK law, and under Art 11(3)(e), take priority.