TO MRS BACCINI WITH EFFECT FROM 1 AUGUST 1974 AN APPORTIONED ITALIAN INVALIDITY PENSION , CALCULATED BY AGGREGATING THE ITALIAN AND BELGIAN PERIODS OF INSURANCE .
4 HAVING BECOME FIT FOR WORK AGAIN IN BELGIUM , FROM 28 APRIL TO 4 JUNE 1975 AND AGAIN FROM 1 SEPTEMBER 1977 , MRS BACCINI WAS GRANTED UNEMPLOYMENT BENEFIT IN THAT COUNTRY .
5 RELYING UPON THE FACT THAT THE ITALIAN INVALIDITY PENSION CONTINUED TO BE PAID TO MRS BACCINI AND THAT UNDER THE THIRD PARAGRAPH OF ARTICLE 141 OF THE ROYAL DECREE OF 20 DECEMBER 1963 , AS AMENDED , THERE WAS THEREFORE A LEGAL PRESUMPTION OF INCAPACITY FOR WORK WHICH EXCLUDED ANY ENTITLEMENT TO UNEMPLOYMENT BENEFIT , THE DIRECTOR OF THE REGIONAL OFFICE OF THE OFFICE NATIONAL DE L ' EMPLOI AT LA LOUVIERE ON 8 DECEMBER 1978 WITHDREW MRS BACCINI ' S UNEMPLOYMENT BENEFIT AND DIRECTED THAT SHE SHOULD REPAY THE SUMS IMPROPERLY RECEIVED .
6 THE COUR DU TRAVAIL , MONS , BEFORE WHICH MRS BACCINI APPEALED AGAINST A JUDGMENT OF THE TRIBUNAL DU TRAVAIL ( LABOUR TRIBUNAL ), CHARLEROI , DECIDED BY JUDGMENT OF 3 APRIL 1981 TO REFER TO THE COURT TWO QUESTIONS ON THE INTERPRETATION OF ARTICLE 51 OF THE EEC TREATY AND OF REGULATIONS NOS 1408/71 AND 574/72 .
7 IN ITS JUDGMENT OF 23 MARCH 1982 ( CASE 79/81 ( 1982 ) ECR 1063 ), THE COURT ANSWERED THOSE QUESTIONS BY RULING :
' ' ARTICLE 51 OF THE EEC TREATY , REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY AND REGULATION NO 574/72 FIXING THE PROCEDURES FOR IMPLEMENTING THAT REGULATION MUST BE INTERPRETED AS MEANING THAT WHERE , UNDER THE NATIONAL LEGISLATION OF A MEMBER STATE , THE RIGHT OF A MIGRANT WORKER TO UNEMPLOYMENT BENEFIT DEPENDS ON HIS FITNESS FOR WORK AND SUCH FITNESS FOR WORK HAS BEEN ACCEPTED BY THE COMPETENT AUTHORITIES OF THE SAID MEMBER STATE , THOSE AUTHORITIES MAY NOT REFUSE THE WORKER IN QUESTION UNEMPLOYMENT BENEFIT ON THE GROUND THAT HE IS IN RECEIPT IN ANOTHER MEMBER STATE OF AN AGGREGATED AND APPORTIONED INVALIDITY PENSION DETERMINED IN ACCORDANCE WITH COMMUNITY RULES . ' '
8 ON THE BASIS OF THAT PRELIMINARY RULING , THE COUR DU TRAVAIL ON THE ONE HAND ANNULLED THE CONTESTED ADMINISTRATIVE DECISION ON THE GROUND THAT IT WAS ERRONEOUSLY ADOPTED ON THE BASIS OF THE THIRD PARAGRAPH OF ARTICLE 141 OF THE ROYAL DECREE OF 20 DECEMBER 1963 AND ON THE OTHER HAND EXAMINED MRS BACCINI ' S RIGHT TO RECEIVE UNEMPLOYMENT BENEFIT AGAIN ON THE BASIS OF ARTICLE 146 OF THE SAME ROYAL DECREE , WHICH PROVIDES :
' ' 1 . IF THE WORKERS REFERRED TO IN ARTICLE 145 ARE IN ACTUAL RECEIPT OF A PENSION THE DAILY RATE OF WHICH IS LOWER THAN THE DAILY RATE OF UNEMPLOYMENT BENEFIT . . . INCREASED BY 40% . . . THEY SHALL BE ENTITLED