) 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 ( OFFICIAL JOURNAL, ENGLISH SPECIAL EDITION 1971 ( II ), P . 416 ), AS AMENDED, IN PARTICULAR, BY COUNCIL REGULATION ( EEC ) NO 1390/81 OF 12 MAY 1981 EXTENDING REGULATION NO 1408/71 TO SELF-EMPLOYED PERSONS AND MEMBERS OF THEIR FAMILIES ( OFFICIAL JOURNAL 1981, L 143, P . 1 ).
2 THOSE QUESTIONS WERE RAISED IN TWO SETS OF PROCEEDINGS BEFORE THOSE NATIONAL COURTS BETWEEN, ON THE ONE HAND, GIANCARLO LABORERO AND FRANCESCA SABATO, AND, ON THE OTHER HAND, THE OFFICE DE SECURITE SOCIALE D' OUTRE-MER ( OVERSEAS SOCIAL SECURITY OFFICE ), A PUBLIC INSTITUTION GOVERNED BY BELGIAN LAW, CONCERNING THAT INSTITUTION' S REFUSAL TO LINK TO THE BELGIAN CONSUMER PRICE INDEX THE BENEFITS WHICH IT PAYS TO THEM UNDER THE LAW OF 17 JULY 1963 ON OVERSEAS SOCIAL SECURITY .
3 THAT LAW, ACCORDING TO ARTICLE 12 THEREOF, ESTABLISHES A VOLUNTARY SCHEME OF OLD-AGE, SURVIVORS' , SICKNESS, INVALIDITY AND HEALTH-CARE INSURANCE OPEN TO PERSONS PURSUING OCCUPATIONS IN COUNTRIES OTHER THAN THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY .
4 CHAPTER VI OF THE LAW REGULATES THE ADAPTATION OF BENEFITS TO THE COST OF LIVING . HOWEVER, ACCORDING TO ARTICLE 51 OF THE LAW, THE PROVISIONS OF THAT CHAPTER ARE NOT APPLICABLE TO RECIPIENTS POSSESSING FOREIGN NATIONALITY UNLESS THEY ARE CLAIMING UNDER AN INSURED PERSON OF BELGIAN NATIONALITY AND RESIDE IN BELGIUM OR UNLESS THEY ARE NATIONALS OF A COUNTRY WHICH HAS ENTERED INTO A RECIPROCAL AGREEMENT BY VIRTUE OF WHICH THE AFORESAID PROVISIONS ARE RENDERED APPLICABLE TO THEM .
5 MR LABORERO, AN ITALIAN NATIONAL RESIDING IN BELGIUM, WORKED IN THE BELGIAN CONGO FROM 1953 . HE CONTINUED TO WORK THERE AFTER THE COUNTRY GAINED ITS INDEPENDENCE ON 1 JULY 1960 AND BECAME THE REPUBLIC OF ZAIRE . HE WAS INSURED UNDER THE OVERSEAS SOCIAL SECURITY SCHEME ESTABLISHED BY THE LAW OF 17 JULY 1963 . FROM 1968 HE WORKED IN BELGIUM WHERE HE RETIRED IN 1982 . FOR HIS PERIOD OF EMPLOYMENT IN THE REPUBLIC OF ZAIRE, THE OVERSEAS SOCIAL SECURITY OFFICE GRANTED HIM, PURSUANT TO THE LAW OF 17 JULY 1963, A PENSION WHICH, PURSUANT TO ARTICLE 51 OF THAT LAW, WAS NOT INDEX-LINKED .
6 CONSIDERING THAT THE REFUSAL TO GRANT HIM THE BENEFIT OF INDEX-LINKING CONSTITUTED DISCRIMINATION INCOMPATIBLE WITH REGULATION NO 1408/71, MR LABORERO BROUGHT THE MATTER BEFORE THE TRIBUNAL DU TRAVAIL, BRUSSELS, WHICH REFERRED THE FOLLOWING QUESTION TO THE COURT FOR A PRELIMINARY RULING :
"IN VIEW IN PARTICULAR OF THE SECOND INDENT OF ARTICLE 1 ( A ) ( II ) (' ... INSURED ... COMPULSORILY OR ON AN OPTIONAL CONTINUED BASIS ...' ) AND THE SECOND INDENT OF SUBPARAGRAPH ( IV ) (' IF SUCH PERSON HAS PREVIOUSLY BEEN COMPULSORILY INSURED FOR THE SAME CONTINGENCY UNDER A SCHEME FOR EMPLOYED PERSONS OF THE SAME MEMBER STATE' ) AND ARTICLE 4 ( 2