Opinion of the Advocate General — ECLI:EU:C:1997:297
Date: 1997-06-12
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 Judgmen t 
Social security for migrant workers — Invalidity insurance — Benefits — Amendment of the 
calculation rules by ReguUtion No 1248/92 — Application of the new calculation rules to an 
invalidity pension calcuUted before the entry into force of the reguhtion — Conditions — Appli­
cation by the person concerned — Invalidity pension reviewed on the competent institution 's own 
initiative to the detriment of the person concerned — Not permissible — Previous calcuhtion 
decision corrected after the date on which the regulation entered into force — No effect 
(Council ReguUtions No 1408/71, Art. 95a, and No 1248/92) 
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SUMMARY — CASE C-307/96 
It is clear both from the terms and the struc­
ture of Article 95a(4) of Regulation No 
1408/71, as amended by Regulation No 
1248/92, that application of the provisions of 
the latter regulation to pension rights 
acquired before 1 June 1992 is subject to an 
express application being made by the per­
son concerned. The competent institution is 
not therefore entitled to substitute itself for 
an insured person, especially where review 
by that institution of its own motion would 
operate to the detriment of the person con­
cerned. 
Accordingly, Article 95a of Regulation N o 
1408/71 precludes the competent institution 
of a Member State from applying on its own 
initiative the calculation rules contained in 
the amending Regulation to the detriment of 
the person concerned when the latter has, 
before that regulation entered into force on 
1 June 1992, been awarded an invalidity pen­
sion in accordance with the provisions of 
Regulation N o 1408/71 that were applicable 
prior to that date and the decision concern­
ing the pension was rectified after 31 May 
1992. 
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