Judgment_paragraph 45 · Simone Gardella v Istituto nazionale della previdenza sociale (INPS) (C-233/12)

45Nevertheless, if the mechanism for transferring the capital value representing the pension rights acquired previously in a Member State to the pension scheme of a new employer in another Member State cannot apply, depriving a worker of the right to aggregate periods completed under the legislation of several Member States, a right which all employed workers generally have with all employers in a Member State, apart from international organisations such as the EPO, constitutes, in principle, an impediment to the free movement of workers for the purposes of Article 45 TFEU.