Some 200 non-Belgian European citizens who worked in the Belgian Congo or Ruanda-Urundi and contributed to the Belgian social security system do not enjoy the same social rights as their Belgian colleagues.
On the basis of their complaints, the Commission has acted to enforce compliance with the principle of non-discrimination between European citizens in line with the Treaty (Articles 18 and 45 TFEU) and Regulation 883/2004 on the coordination of social security systems. Following a supplementary reasoned opinion sent to the Belgian authorities in 2010, the Commission has decided to take Belgium to the Court of Justice.
According to the complaints received in the early 2000s, their Belgian pensions payable by the Office de Sécurité sociale d'Outre-mer (OSSOM) were not index-linked, unlike those of their Belgian colleagues also living outside the European Union. Under Belgian legislation, the benefits payable to recipients living outside the territory of the Union were adjusted to the cost of living only in the case of Belgian nationals and nationals of countries which had signed a reciprocity agreement with Belgium.
Following the Commission’s reasoned opinion in 2004, Belgium removed the residence condition which prevented the indexing of pensions, but only from 1 August 2004. The change therefore did not remove the discrimination the complainants had suffered throughout the period prior to 1 August 2004, during which they were deprived of part of their pension.
The Commission considers that these European citizens are still the victims of discrimination and is asking the Court of Justice to rule that Belgium has failed to comply with European law.
