A decision handed down on 22 January 2026 by the Court of Justice of the European Union (CJEU) strengthens social-security protection for thousands of people who have spent parts of their careers in Switzerland and neighbouring EU states. The judges found that Italy’s rule requiring at least ten years of domestic contributions before a disability pension can be topped up to the statutory minimum violates EU free-movement principles because it penalises workers who have exercised their right to mobility—such as the claimant who contributed in Switzerland between 1991 and 1994 before returning to Italy.
Under EU Coordination Regulation 883/2004, insurance periods completed in any member state (and Switzerland, which applies the regulation via bilateral agreements) must be treated as if they were completed domestically. By forcing mobile workers to clear a higher threshold than colleagues with purely national careers, the Italian system created an unlawful barrier to labour mobility, the court said. Although the case originated in Turin, its impact will cascade across the Italian social-security system and provide a precedent for other member states whose rules still discriminate—directly or indirectly—against mobile workers from Switzerland.
![EU court ruling bolsters pension rights for Swiss cross-border workers]()
In addition, cross-border professionals who need to update or obtain the right travel and residence documents in light of the ruling can streamline the process through VisaHQ. The company’s Switzerland portal (https://www.visahq.com/switzerland/) offers tailored visa and permit solutions, document checklists and expedited filing services that reduce the paperwork burden of working in multiple jurisdictions, complementing the legal protections affirmed by the CJEU.
For Swiss employers, the judgment removes an uncertainty that has often deterred staff from accepting multi-year postings in Italy for fear of losing pension enhancements. Mobility managers should review assignment policies to ensure that pension modelling reflects the court’s clarifications and inform affected employees—especially long-term commuters from Ticino and Lombardy—that the ruling may entitle them to retroactive top-ups.
Practically, Italian social-security agency INPS must now recalculate benefits by counting Swiss contribution years toward the 10-year minimum. Legal advisers expect the decision to spur class actions by other cross-border workers, and Switzerland’s State Secretariat for Migration (SEM) welcomed the “legal certainty” the ruling provides for roughly 89,000 daily commuters who reside in Italy but work north of the border.
Under EU Coordination Regulation 883/2004, insurance periods completed in any member state (and Switzerland, which applies the regulation via bilateral agreements) must be treated as if they were completed domestically. By forcing mobile workers to clear a higher threshold than colleagues with purely national careers, the Italian system created an unlawful barrier to labour mobility, the court said. Although the case originated in Turin, its impact will cascade across the Italian social-security system and provide a precedent for other member states whose rules still discriminate—directly or indirectly—against mobile workers from Switzerland.
In addition, cross-border professionals who need to update or obtain the right travel and residence documents in light of the ruling can streamline the process through VisaHQ. The company’s Switzerland portal (https://www.visahq.com/switzerland/) offers tailored visa and permit solutions, document checklists and expedited filing services that reduce the paperwork burden of working in multiple jurisdictions, complementing the legal protections affirmed by the CJEU.
For Swiss employers, the judgment removes an uncertainty that has often deterred staff from accepting multi-year postings in Italy for fear of losing pension enhancements. Mobility managers should review assignment policies to ensure that pension modelling reflects the court’s clarifications and inform affected employees—especially long-term commuters from Ticino and Lombardy—that the ruling may entitle them to retroactive top-ups.
Practically, Italian social-security agency INPS must now recalculate benefits by counting Swiss contribution years toward the 10-year minimum. Legal advisers expect the decision to spur class actions by other cross-border workers, and Switzerland’s State Secretariat for Migration (SEM) welcomed the “legal certainty” the ruling provides for roughly 89,000 daily commuters who reside in Italy but work north of the border.
