Keywords
Summary

Keywords

1 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ARTICLE 177 )

2 . SOCIAL SECURITY - MIGRANT WORKERS - OLD AGE ( PENSIONS ) INSURANCE - ALGERIA - INSURANCE PERIODS COMPLETED BEFORE 19 JANUARY 1965 - TAKING INTO CONSIDERATION BY FRENCH INSTITUTIONS - NATIONAL OF A MEMBER STATE OTHER THAN FRANCE - RECIPIENT

( EEC TREATY , ARTICLES 48 TO 51 . REGULATION NO 109/65 OF THE COUNCIL , AR- TICLE 16 ( 2 ))

Summary

1 . ALTHOUGH THE COURT , WHEN GIVING A RULING UNDER ARTICLE 177 , HAS NO JURISDICTION TO APPLY COMMUNITY RULES TO A SPECIFIC CASE OR , CONSEQUENTLY , TO PRONOUNCE UPON A PROVISION OF NATIONAL LAW , IT MAY HOWEVER PROVIDE THE NATIONAL COURT WITH THE FACTORS OF INTERPRETATION DEPENDING ON COMMUNITY LAW WHICH MIGHT BE USEFUL TO IT IN EVALUATING THE EFFECTS OF SUCH PROVISION .

2 . THE PRINCIPLE OF THE EQUAL TREATMENT OF WORKERS LAID DOWN BY ARTICLES 48 TO 51 OF THE EEC TREATY IMPLIES THAT PROVISIONS OF NATIONAL LAW CANNOT BE APPLIED AS AGAINST A WORKER WHO , WHILST RESIDING IN FRANCE , IS A NATIONAL OF ANOTHER MEMBER STATE , WHERE THEIR EFFECT IS TO DEPRIVE SUCH A WORKER OF A BENEFIT AWARDED TO FRENCH WORKERS AS REGARDS THE TAKING INTO ACCOUNT , IN CALCULATING THE OLD-AGE PENSION , OF INSURANCE PERIODS COMPLETED IN ALGERIA .