Judgment_paragraph 38 · AT v Pensionsversicherungsanstalt (C-32/19)

38Accordingly, the provisions concerning the acquisition, in the host Member State, of a right of permanent residence for workers who, at the time they stop working, have reached the age laid down by the law of that Member State for entitlement to an old age pension – such as those provided for in Article 17(1)(a) of Directive 2004/38 – form part of the gradual system established by the directive and constitute therein a regime that is more favourable to that category of EU citizens, in that the acquisition of a right of permanent residence in that Member State is provided for before completion of a continuous period of 5 years of residence. Furthermore, as provisions which constitute a derogation, they are to be interpreted strictly (see, by analogy, judgment of 11 June 2015, Zh. and O., C‑554/13, EU:C:2015:377, paragraph 42).

AT v Pensionsversicherungsanstalt (C-32/19)

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