Traduction de «être considéré comme un droit acquis » (Français → Anglais) :

H. whereas the relevant acquis communautaire providing for cross-border information, consultation and participation rights of employees as well as safeguarding pre-existing employee participation rights (Directives 94/45/EC and 2005/56/EC) should be fully preserved, and whereas consequently the conversion of a company with employee co-determination, information and consultation rights into an EPC should not result in the loss of those existing rights,

H. whereas the relevant acquis communautaire providing for cross-border information, consultation and participation rights of employees as well as safeguarding pre-existing employee participation rights (Directives 94/45/EC and 2005/56/EC) should be fully preserved, and whereas consequently the conversion of a company with employee co-determination, information and consultation rights into an EPC should not result in the loss of those existing rights,

2. Any period of insurance and, where appropriate, any period of employment, self-employment or residence under the legislation of a Member State prior to 1 January 2005 shall be taken into consideration in determining acquired rights in accordance with the provisions of this Regulation.

Moreover, the concept of "Best Available Techniques" could be considered as a useful element in the initial allocation process, in particular in the case of "grandfathering" allowances.

24. Considers that the preservation of acquired rights is essential when a spouse interrupts or abandons his or her work in order to devote himself or herself to his or her family or look after next of kin who are in need of assistance; considers that for the purpose of calculating pensions, certain periods devoted to the upbringing of children or care of family members should be taken into account; considers it desirable to provide for the possibility of continued voluntary or optional insurance to preserve and improve pension rights and guarantee a right to payment of the capital under certai ...[+++]n conditions;

38. Considers the preservation of acquired pension entitlements to be indispensable where a spouse interrupts or terminates gainful employment in order to look after the family or take care of dependants in need; advocates that certain periods spent bringing up children and looking after family members in need of care should be credited for the purposes of calculating pensions; believes the possibility of voluntary additional provision or of optional provision to preserve and top up pension rights as well as for the purposes of creating an entitlement to payment of the capital to be appropriate under certain circumstances;