Practical Effects of the Anti-overlapping Rules
摘要
In this chapter, the new anti-overlapping rules are analyzed. After presenting the changes, the questions to be answered are how the rules at issue are interpreted by literature and the Court and how they should be interpreted from our point of view. In parallel, the benefits of the same kind and the benefits of the different kind are presented through the case-law. On the one hand, the practical effects of the anti-overlapping rules are examined in view of the existing interpretative approach; there is a significant pension loss due to the application of the anti-overlapping rules following a certain direction. On the other hand, the practical effects of the anti-overlapping rules are presented in view of our approach following a different direction. For this reason, there are working hypotheses according to the provisions examined. Starting from the specific relevant examples of Prof. Pennings pointing out how the anti-overlapping rules are applied, we proceed with building our working hypotheses and case-studies. Making mathematic calculations to prove that pension loss would be limited following our suggestion, we insist on the importance of this application of anti-overlapping rules for ensuring the pension rights of the European citizens.