Pension and totalization of foreign contributions: the Court of Cassation clarifies with judgment no. 27195/2025

Labor mobility within the European Union represents one of the greatest achievements for European citizens, yet it often brings with it complex bureaucratic and social security issues. When a worker carries out their professional activity in different Member States or at international organizations, reconstructing their contribution history for pension purposes can turn into a true regulatory labyrinth. The Court of Cassation, Labor Section, has intervened on this matter with the fundamental judgment no. 27195 of October 10, 2025, offering a clarifying interpretation oriented toward the protection of workers' rights.

The case and the relevant legislation: Law 115 of 2015

The case originates from the appeal filed by P. A. against F. G., which reached the Supreme Court following the decision of the Court of Appeal of Trieste. At the heart of the debate is the application of Article 18, paragraph 3, third sentence, of Law no. 115 of 2015. This provision governs the right to aggregate insurance periods for workers who have served both in Italy and at international organizations. The law provides for a prohibition on aggregation if such contributions have been subject to "reimbursement." However, the definition of this term has generated significant interpretative doubts, risking the unfair penalization of those who have worked abroad.

The crucial distinction between reimbursement and pension benefits

The Court of Cassation addressed the issue by focusing on the actual scope of the term "reimbursement." To do so, it invoked the principles established by the Court of Justice of the European Union, in particular the judgment of July 4, 2013 (case C-233/12), which protects the free movement of workers. Here is the legal principle expressed by the judges of the Supreme Court:

Regarding work performed by an Italian citizen in Italy and in another EU State, Art. 18, paragraph 3, third sentence, of Law no. 115 of 2015 - which, in relation to the right to aggregate insurance periods, prohibits taking into account those accrued at international organizations if they have been subject to reimbursement - must be interpreted, in accordance with the ruling of the Court of Justice of July 4, 2013 (case C-233/12), so as not to frustrate the worker's right to free movement in all its implications, including the social security aspect, with the consequence that totalization is prevented only in the event of a refund of contributions, newly acquired by the person who paid them, and not in the case of the disbursement of pension benefits by the international organization based on the contributions paid.

The distinction made by the Court is clear and of vital importance. The prohibition on totalization (i.e., the aggregation of insurance periods) is triggered exclusively if the worker has obtained the actual physical restitution of the paid contributions, regaining possession of them. Conversely, if the international organization uses those contributions to pay a pension or a similar benefit, the right to totalization for the Italian portion cannot be denied. Confusing the payment of a pension with the "reimbursement" of contributions would mean emptying the right to free movement of its meaning.

Implications for mobile workers and EU protection

This judgment represents a significant victory for all professionals and employees who divide their careers between Italy and international institutions or organizations. The key points established by the Court of Cassation include:

• Protection of free movement: National laws cannot be interpreted in a way that discourages working abroad or penalizes those who choose to move from a social security perspective.
• No to a penalizing double standard: Receiving a pension from an international organization is not equivalent to receiving a reimbursement of contributions; therefore, the aggregation of insurance periods remains an exercisable right.
• European harmonization: The obligation for national judges to interpret domestic law in accordance with the principles and judgments of the EU Court of Justice is reaffirmed.

Conclusions

With judgment no. 27195/2025, the Court of Cassation has restored a principle of equity and legal common sense. Preventing the totalization of contributions for those receiving a legitimate foreign pension would have constituted an unfair obstacle to professional mobility. Thanks to this ruling, it is confirmed that only the actual liquidation and monetary restitution of contributions exclude aggregation, thus ensuring more solid social security for all European workers.