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Document 31973Y0919(06)

Decision No 78 of 22 February 1973 concerning the interpretation of Article 7 (1) (a) of Regulation (EEC) No 574/72 relating to the procedures for implementing the reduction or suspension clauses

OJ C 75, 19.9.1973, p. 8–8 (DA, DE, EN, FR, IT, NL)
Spanish special edition: Chapter 05 Volume 002 P. 11 - 11
Portuguese special edition: Chapter 05 Volume 002 P. 11 - 11

No longer in force, Date of end of validity: 31/05/1992

31973Y0919(06)

Decision No 78 of 22 February 1973 concerning the interpretation of Article 7 (1) (a) of Regulation (EEC) No 574/72 relating to the procedures for implementing the reduction or suspension clauses

Official Journal C 075 , 19/09/1973 P. 0008 - 0008
Spanish special edition: Chapter 05 Volume 2 P. 0011
Portuguese special edition Chapter 05 Volume 2 P. 0011


DECISION No 78 of 22 February 1973 concerning the interpretation of Article 7 (1) (a) of Regulation (EEC) No 574/72 relating to the procedures for implementing the reduction or suspension clauses

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS;

Having regard to Article 81 (a) in Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all questions of interpretation arising from the provisions of Regulations (EEC) Nos 1408/71 and 574/72;

Whereas Decision No 31 published in the Official Journal of the European Communities No 13 of 17 February 1961 has been rendered unvalid by the entry into force of Regulations (EEC) Nos 1408/71 and 574/72, but, taking into account the provisions of the said Regulations, there are grounds for adopting a new decision;

Whereas it is in fact essential to know what interpretation is to be given to the expression "sum which is subject to reduction or suspension" used in Article 7 (1) (a) of Regulation (EEC) No 574/72;

Whereas the expression "sum which is subject to reduction or suspension" cannot be interpreted as representing the sum which would be paid under a given legislation if no overlapping benefit rule was applicable, after deliberation in the light of the conditions laid down in Article 80 (3) of Regulation (EEC) No 1408/71;

HAS DECIDED:

1. The expression "sum which is subject to reduction or suspension" must be interpreted as representing the sum which would not be paid if the provisions in Article 12 (2) and (3) of Regulation (EEC) No 1408/71 were strictly applied.

2. This Decision shall be published in the Official Journal of the European Communities. It shall apply to the six Founder Member States as from 1 October 1972 and, in accordance with the Treaty of Accession, as from 1 April 1973 for the three new Member States.

The President of the Administrative Commission

J. DONIS

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