Opinion of the Advocate General — ECLI:EU:C:1998:59
Date: 1998-02-12
Language of the case: French
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 — Benefits — National rules against overlapping — Incapable
of being relied on against recipients of benefits of the same nature paid in accordance with Regula­
tion No 1408/71 — Reduction of a pension supplement by reference to benefits payable to the
person concerned under a scheme of another Member State — Not permissible
(Council ReguUtions No 1408/71, Arts 12(2), 12, 46(3) and 46b, and No 1248/92)
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SUMMARY — CASE C-143/97
A national rule must be regarded as a provi­
sion for reduction of benefit within the
meaning of Article 12(2) of Regulation No
1408/71, as amended by Regulation No
2001/83, and within the meaning of Articles
12(2), 46(3) and 46b of that version of Regu­
lation No 1408/71, as amended by Regulation
No 1248/92, if the calculation which it requires
to be made has the effect of reducing the
amount of pension which the person con­
cerned may claim because he receives a ben­
efit from another Member State. Conse­
quently, a national rule which provides that
the supplement to a retirement pension is to
be reduced by the amount of a retirement
pension which the person concerned may
claim under a scheme of another Member
State constitutes a provision for reduction of
benefit within the meaning of those provi­
sions.
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