Opinion of the Advocate General — ECLI:EU:C:1998:419
Date: 1998-09-17
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment
Social security for migrant workers — Insurance relating to old age and death — Calculation of
benefits — Situation where a worker does not simultaneously satisfy the conditions laid down for
the provision of benefits in all the Member States to whose legislation he has been subject —
Account taken by the national legislation whose conditions are fulfilled of periods of insurance
completed under the legislation of another Member State for the purposes of granting higher
benefit
(Council Regulations No 1408/71, Arts 46 and 49(1)(b)(ii), and No 3096/95)
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SUMMARY— CASE C-244/97
Article 49(l)(b)(ii) of Regulation No 1408/71,
in the version amended and updated by Regu­
lation No 2001/83, and Article 49(1)(b)(ii) of
Regulation No 1408/71, in the version
resulting from Regulation No 2001/83, as
amended by Regulation No 1248/92 and Reg­
ulation No 3096/95, must be interpreted as
requiring the competent institution, where
the person concerned fulfils the conditions
laid down by one legislation for payment of
an old-age pension, albeit a limited one,
without recourse being necessary to periods
of insurance or residence completed under
another legislation whose conditions are not
fulfilled, nevertheless to take into account, in
accordance with Article 46 of Regulation No
1408/71, periods completed under the latter
legislation where, as a result, an old-age ben­
efit of a higher amount may be awarded, up
until such time as the conditions laid down
under the latter legislation are also fulfilled.
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