THE INTERPRETATION OF ARTICLE 51 OF THE EEC TREATY .
2 THAT QUESTION WAS RAISED IN THE CONTEXT OF PROCEEDINGS BETWEEN BIAGIO VALENTINI AND THE ASSOCIATION POUR L ' EMPLOI DANS L ' INDUSTRIE ET LE COMMERCE ( ASSOCIATION FOR EMPLOYMENT IN INDUSTRY AND TRADE , HEREINAFTER REFERRED TO AS ' ' THE ASSOCIATION ' ' ), LYON .
3 MR VALENTINI , AN ITALIAN NATIONAL , WORKED IN ITALY UNTIL 1957 AND , BY REASON OF THAT FACT , HAS RECEIVED SINCE THE AGE OF 60 , IN OTHER WORDS SINCE 1974 , A CONTRIBUTORY OLD-AGE PENSION AMOUNTING TO FF 15 PER DAY , WHICH IS PAID BY THE ISTITUTO NAZIONALE PER LA PREVIDENZA SOCIALE ( NATIONAL SOCIAL WELFARE INSTITUTION ).
4 SUBSEQUENTLY , MR VALENTINI WORKED IN FRANCE FROM 1963 TO 1977 AND BY VIRTUE OF THAT FACT HAS SINCE THE AGE OF 63 , THAT IS , SINCE HE LEFT HIS PAID EMPLOYMENT IN THE LATTER YEAR , RECEIVED ALLOWANCES UNDER THE GUARANTEED INCOME RETIREMENT SCHEME .
5 THE GUARANTEED INCOME RETIREMENT SCHEME WAS TEMPORARILY SET UP IN FRANCE BY THE NATIONAL INTER-TRADE AGREEMENT OF 13 JUNE 1977 WHICH SUPPLEMENTED AND AMENDED THE NATIONAL INTER-TRADE AGREEMENT OF 27 MARCH 1972 ON THE GUARANTEED INCOME RETIREMENT SCHEME , WHICH IN TURN SUPPLEMENTED THE REGULATION ANNEXED TO THE AGREEMENT OF 31 DECEMBER 1958 SETTING UP THE NATIONAL INTER-TRADE SCHEME OF UNEMPLOYMENT INSURANCE AND BASED ON ARTICLE L 351-5 OF THE CODE DE TRAVAIL . THAT SCHEME IS ADMINISTERED BY THE OFFICES OF THE ASSOCIATION , WHICH ALSO ADMINISTER THE SCHEME ' S FUNDS AND WHICH OPERATE AS MEMBERS OF THE UNION INTERPROFESSIONNELLE POUR L ' EMPLOI DANS L ' INDUSTRIE ET LE COMMERCE ( INTER-TRADE ORGANIZATION FOR EMPLOYMENT IN TRADE AND INDUSTRY ).
6 THE ALLOWANCES PAID UNDER THE GUARANTEED INCOME SCHEME ARE GRANTED TO WORKERS OVER 60 YEARS OF AGE WHO RETIRE ON THE CONDITION THAT THEY HAVE BEEN AFFILIATED FOR 10 YEARS TO A WORKERS ' SOCIAL SECURITY SCHEME BY REASON OF AN OCCUPATION WITHIN THE FIELD OF APPLICATION OF THE UNEMPLOYMENT INSURANCE SCHEME AND THAT IN PRINCIPLE THEY CAN PROVIDE EVIDENCE OF ONE YEAR ' S CONTINUOUS EMPLOYMENT IN ONE OR MORE UNDERTAKINGS IN THE FIVE YEARS PRECEDING RETIREMENT .
7 THE ALLOWANCES REPRESENT A DAILY PROPORTION OF 70% OF THE AVERAGE DAILY EARNING DURING THE LAST THREE MONTHS OF EMPLOYMENT . THEY MAY HOWEVER BE REDUCED IN PURSUANCE OF ARTICLE 38 OF THE AMENDMENT OF 13 JUNE 1977 TO THE ANNEX TO THE REGULATION GOVERNING THE SCHEME OF SPECIAL ALLOWANCES RELATING TO THE SITUATION OF UNEMPLOYED WORKERS OVER 60 . THAT PROVISION , WHICH IS PART OF THE ABOVE-MENTIONED INTER-TRADE AGREEMENT OF 13 JUNE 1977 , SEEKS TO LIMIT THE ALLOWANCES IN QUESTION ' ' SO THAT WHEN ADDED TO THE OLD-AGE BENEFITS FOR ONE DAY , THE SUM OF THE TWO BENEFITS AMOUNTS TO A MAXIMUM OF 70% OF THE REFERENCE DAILY EARNINGS ' ' .
8 THE ASSOCIATION , LYON , ACCEPTED MR