Brussels, 07/04/2011 (Agence Europe) - On Wednesday 6 April, the Commission sent a reasoned opinion to Belgium in application of EU infringement procedure. It calls on Belgium to put an end to its complex procedures for paying pensions to beneficiaries residing in another member state. Belgium has two months to inform the Commission of measures it has taken to bring its legislation into line with EU law. Failing this, the Commission may decide to refer the country to the EU Court of Justice.
Context. Belgian authorities refuse to pay pensions directly to a bank account or to use cross border payments to pension beneficiaries living in 19 EU member states, although it does so for Germany, France, Luxembourg, the Netherlands, Italy, Portugal and Spain. Instead of transferring pensions by bank account and using EU provisions on cross-border payments, as requested by the beneficiaries, payments are being made by cheque issued through a financial institution and mailed to the beneficiary. The clearing of cheques takes additional days beyond the date on which the pension would be payable in Belgium. Furthermore, cheques are subject to a high fee, irrespective of the amount. The clearing of a cheque also requires access to a bank, which is not always easy for pensioners with mobility problems or living in rural areas.
Conclusion. This national practice means beneficiaries of Belgian pensions residing in the 19 member states are at a disadvantage compared to those residing in Belgium who receive their pension directly to their bank account. Consequently, the method chosen by the Belgian institution for providing the pension to residents of other EU member states is considered an obstacle to the free movement of workers and discriminates, in particular, against migrant workers. (G.B./transl.jl)