NO UNJUSTIFIED CUMULATION OF PENSIONS IF A SPECIAL INCREASE PROVIDED FOR BY THE LAW OF ONE OF THE STATES FOR THE BENEFIT OF THE SURVIVORS OF AN INSURED PERSON IS AWARDED OR CALCULATED, NOT IN RELATION TO AN INSURANCE PERIOD, WHETHER ACTUAL OR FICTITIOUS, BUT FOR THE DURATION OF A CERTAIN PERIOD WHICH BEARS NO DIRECT RELATION TO THE INSURANCE PERIOD COMPLETED BY THE DECEASED .
Parties
IN CASE 50/75
REFERENCE TO THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE EEC TREATY BY THE COUR SUPERIEURE DE JUSTICE DU LUXEMBOURG SITTING AS A COUR DE CASSATION FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
CAISSE DE PENSION DES EMPLOYES PRIVES, WHOSE REGISTERED OFFICE IS IN LUXEMBOURG
AND
HELGA MASSONET, WIDOW OF BERNARD WEBER, RESIDING AT COLMAR-BERG ( LUXEMBOURG )
Subject of the case
ON THE INTERPRETATION OF REGULATION NO 3 OF THE COUNCIL CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS ( OJ 30 OF 16 . 12 . 1958, P . 561 ), AND ESPECIALLY ARTICLES 12, 27 AND 28,
Grounds
1 BY A JUDGMENT OF 15 MAY 1975, RECEIVED AT THE COURT ON THE FOLLOWING 5 JUNE, THE COUR SUPERIEURE DE JUSTICE DU LUXEMBOURG, SITTING AS A COUR DE CASSATION, RAISED THREE QUESTIONS, UNDER ARTICLE 177 OF THE EEC TREATY, CONCERNING THE INTERPRETATION OF ARTICLE 51 OF THE TREATY AND OF ARTICLES 12, 27 AND 28 OF REGULATION NO 3 OF THE COUNCIL OF 25 SEPTEMBER 1958 CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS ( NO 30 OF 16 . 12 . 1958, P . 561 ).
2 THESE QUESTIONS ARE RAISED WITHIN THE CONTEXT OF PROCEEDINGS CONCERNING THE CALCULATION OF THE BENEFITS BY WAY OF A SURVIVOR'S PENSION OF THE WIDOW OF A LUXEMBOURG CITIZEN WHO, AFTER WORKING FIRST IN LUXEMBOURG AND THEN UNTIL THE TIME OF HIS DEATH IN THE FEDERAL REPUBLIC OF GERMANY, HAD COMPLETED 67 INSURANCE MONTHS IN THE FIRST STATE AND 13 IN THE SECOND .
3 THE GERMAN INSURANCE INSTITUTION, BECAUSE OF THE FACT THAT THE WIDOW WAS BRINGING UP CHILDREN, AWARDED HER AN INCREASED PENSION CALCULATED ON THE BASIS, NOT ONLY OF THE INSURANCE MONTHS ACTUALLY COMPLETED BY THE DECEASED, BUT ALSO OF THE NUMBER OF MONTHS REMAINING BETWEEN THE DATE OF HIS DEATH AND THE DATE ON WHICH HE WOULD HAVE ATTAINED THE AGE OF 55 YEARS .
4 THE AMOUNT WHICH THE GERMAN INSTITUTION WAS REQUIRED TO PAY WAS THEN FIXED IN PROPORTION TO THE PERIOD ACTUALLY COMPLETED UNDER GERMAN LEGISLATION IN RELATION TO THE TOTAL DURATION OF THE PERIODS COMPLETED UNDER THE LEGISLATION OF THE TWO STATES CONCERNED .
5 THE LUXEMBOURG INSTITUTION, ALTHOUGH AWARDING THE WIDOW A SURVIVOR'S PENSION, REFUSED TO GRANT WITH IT THE SPECIAL INCREASE WHICH THE LAW ALLOWS IN FAVOUR OF A WIDOW BRINGING UP A CHILD WHERE THE HUSBAND DIES BEFORE THE AGE OF 55 YEARS AND WHICH CONSISTS OF A FIXED SUM OF MONEY PAYABLE FOR EACH MONTH WHICH HAS STILL TO RUN UNTIL THE TIME WHEN THE DECEASED WOULD