Kernrechtsfrage
Whether the appellant was entitled to exemption from mandatory Swiss old-age and survivors insurance under Art. 17bis of Regulation 1408/71 and the ALCP.
Extrahierter Entscheid
No. The exemption mechanism applies only to avoid useless double insurance where the residence-state system provides no corresponding benefit; Swiss AHV/IV still grants an additional pension after the required contribution period.
Extrahierte Begründung
The court held that the appellant fell within the personal scope of the ALCP and Regulation 1408/71, but Art. 17bis is not discretionary and does not create a general right to opt out. Because AHV/IV is a universal mandatory insurance and contributions can generate an additional Swiss old-age pension, there is no useless duplication comparable to the situations addressed in the EU case law on health insurance.