Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - ADMINISTRATIVE COMMISSION - AUTHORIZATION BY THE COUNCIL TO ENACT MEASURES HAVING THE FORCE OF LAW - INCOMPATIBILITY WITH THE EEC TREATY - DECISIONS OF THE ADMINISTRATIVE COMMISSION - NOT BINDING ON NATIONAL AUTHORITIES

( EEC TREATY , ARTS . 155 , 173 AND 177 ; REGULATION NO 1408/71 OF THE COUNCIL , ART . 81 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES AGAINST OVERLAPPING - PENSION DUE UNDER THE LEGISLATION OF A SINGLE MEMBER STATE - REDUCTION ON ACCOUNT OF A PENSION GRANTED BY ANOTHER MEMBER STATE - RECOVERY OF PROVISIONAL ADVANCES - EXCHANGE RATE APPLICABLE FOR THE PURPOSE OF CALCULATING THE AMOUNT TO BE RECOVERED

( EEC TREATY , ART . 51 )

Summary

1 . IT FOLLOWS BOTH FROM ARTICLE 155 OF THE TREATY AND THE JUDICIAL SYSTEM CREATED BY THE TREATY , AND IN PARTICULAR BY ARTICLES 173 AND 177 THEREOF , THAT A BODY SUCH AS THE ADMINISTRATIVE COMMISSION MAY NOT BE EMPOWERED BY THE COUNCIL TO ADOPT ACTS HAVING THE FORCE OF LAW . WHILST A DECISION OF THE ADMINISTRATIVE COMMISSION MAY PROVIDE AN AID TO SOCIAL SECURITY INSTITUTIONS RESPONSIBLE FOR APPLYING COMMUNITY LAW IN THIS FIELD , IT IS NOT OF SUCH A NATURE AS TO REQUIRE THOSE INSTITUTIONS TO USE CERTAIN METHODS OR ADOPT CERTAIN INTERPRETATIONS WHEN THEY COME TO APPLY THE COMMUNITY RULES . A DECISION OF THE ADMINISTRATIVE COMMISSION DOES NOT THEREFORE BIND NATIONAL COURTS .

2 . WHEN A FULL PENSION IS GRANTED TO A WORKER UNDER THE NATIONAL LEGISLATION OF A MEMBER STATE A ALONE AND , IN IMPLEMENTATION OF COMMUNITY RULES , HE IS ALSO AWARDED A PENSION IN MEMBER STATE B WHICH IS REDUCED BY THE AMOUNT OF THE FULL PENSION GRANTED BY THE COMPETENT INSTITUTION IN MEMBER STATE A , IT IS NOT COMPATIBLE WITH ARTICLE 51 OF THE TREATY FOR THAT LEGISLATION TO BE APPLIED IN A WAY WHICH IN ANY GIVEN PERIOD WOULD ALLOW THE AMOUNT OF THE ADVANCE PAYMENTS MADE TO THE RECIPIENT RECOVERED BY THE COMPETENT INSTITUTION IN MEMBER STATE A TO EXCEED THE AMOUNT OF PENSION OR ARREARS OF PENSION TRANSFERRED TO THAT INSTITUTION BY THE SOCIAL SECURITY INSTITUTION IN MEMBER STATE B AND CONVERTED INTO MEMBER STATE A ' S NATIONAL CURRENCY ON THE DATE OF TRANSFER .