Facts
The Portuguese national [A.], born in 1958, worked with interruptions in Switzerland from 1979 to 1998, most recently as a truck driver. The IV office of the Canton of Zurich granted him a half pension with effect from January 1, 1999, due to a degree of disability of 64%. In 2004, the IV office initiated a revision procedure, as [A.] had meanwhile emigrated to Portugal. By decision of December 13, 2005, the IV office for insured persons abroad (IVSTA) revoked the disability pension with effect from February 1, 2006.
Subsequently, the IVSTA granted [A.] a three-quarter pension with decisions of June 5, 2014 for the period from January 1, 2004 to July 31, 2014. At the same time, it denied any entitlement to reintegration measures.
Considerations
The Federal Supreme Court held that the requirement of insurance coverage under Art. 9 para. 1bis IVG also applies to the reintegration measures provided for in lit. a para. 2 of the final provisions of the 6th IV revision. Since [A.] no longer resided and was employed in Switzerland as of February 2004, he did not meet the insurance-related requirements for disability insurance benefits at the relevant time of the issuance of the decision.
The Federal Supreme Court considered it compatible with Community law, in particular the prohibition of discrimination, to exclude persons without residence and employment in Switzerland, whose…