Keywords
Summary

Keywords

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1 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - BENEFITS - AGGREGATION AND PROPORTIONAL CALCULATION - CALCULATION OF A BENEFIT PAYABLE UNDER THE LEGISLATION OF A SINGLE MEMBER STATE BY MEANS OF AGGREGATION AND PROPORTIONAL CALCULATION - NOT PERMISSIBLE

( EEC TREATY, ARTICLE 51; REGULATION NO 3, ARTICLES 27 AND 28 )

2 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - OLD AGE AND DEATH ( PENSIONS ) INSURANCE - PENSION RIGHTS RELATING TO SEPARATE PERIODS - ABSENCE OF IMPROPER ACCUMULATION

( EEC TREATY, ARTICLE 51; REGULATION NO 3, ARTICLES 27 AND 28 )

3 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - SYSTEM PROVIDED FOR BY REGULATION NO 3 - RETENTION OF SEPARATE NATIONAL SYSTEMS AND OF SEPARATE CLAIMS - OBSERVANCE OF THIS SYSTEM BY THE COMPETENT INSTITUTIONS OF THE MEMBER STATES

Summary

1 . WHEN IN ONE MEMBER STATE THE RIGHT TO BENEFIT ARISES WITHOUT ITS BEING NECESSARY TO REFER TO PERIODS COMPLETED UNDER THE LEGISLATION OF OTHER MEMBER STATES, THE COMPETENT INSTITUTION OF THE FIRST STATE IS NOT EMPOWERED TO APPLY ARTICLES 27 AND 28 OF REGULATION NO 3 IN ORDER TO REDUCE THE BENEFIT WHICH IT IS OBLIGED TO PAY BY VIRTUE OF ITS OWN LEGISLATION, AT LEAST IN SO FAR AS THAT BENEFIT DOES NOT RELATE TO PERIODS WHICH HAVE ALREADY BEEN TAKEN INTO ACCOUNT IN THE CALCULATION OF THE AMOUNT OF THE BENEFIT PAID BY THE COMPETENT INSTITUTION OF ANOTHER STATE .

2 . THE ACCUMULATION OF A BENEFIT PAYABLE IN ONE STATE UNDER NATIONAL LEGISLATION ALONE WITH A BENEFIT PAYABLE IN ANOTHER STATE OWING TO THE EFFECT OF AGGREGATION DOES NOT CONSTITUTE AN ADVANTAGE CONTRARY TO COMMUNITY RULES AS LONG AS THE PERIODS IN RESPECT OF WHICH THESE PAYMENTS ARE DUE DO NOT OVERLAP .

3 . AS REGULATION NO 3 HAS ALLOWED THE CONTINUANCE OF SEPARATE SYSTEMS CREATING SEPARATE CLAIMS AGAINST SEPARATE INSTITUTIONS, THE INSTITUTION OF ONE STATE CANNOT IPSO FACTO BE JUSTIFIED IN RELYING ON THE CHARGE WHICH COMMUNITY LAW IMPOSES ON THE INSTITUTION OF ANOTHER STATE IN ORDER TO REDUCE THE CHARGE WHICH ITS OWN LEGISLATION IMPOSES UPON IT .