RIGHT, CONFERRED BY THE LEGISLATION OF THE LATTER STATE, OF POSTPONING THIS PAYMENT .
IT IS THEREFORE IMPOSSIBLE TO DERIVE AN ARGUMENT FROM COMMUNITY LAW FOR OBLIGING THE MIGRANT WORKER TO ACCEPT SIMULTANEOUS PAYMENT OF THE PENSIONS TO WHICH ENTITLEMENT IS CONFERRED BY THE LEGISLATIVE SYSTEMS OF VARIOUS MEMBER STATES .
ARTICLES 30 TO 36 AND 83 OF REGULATION NO 4, WHICH ARE APPLICABLE TO CASES OF SIMULTANEOUS PAYMENT OF SEVERAL PENSIONS, GIVE NO INDICATION OF THE CIRCUMSTANCES IN WHICH A SIMULTANEOUS PAYMENT MUST BE MADE . THEY ARE IN FACT PURELY PROCEDURAL PROVISIONS WHICH LAY DOWN HOW SIMULTANEOUS PAYMENTS ARE TO BE EFFECTED AND NOT THE CONTEXT IN WHICH THE SAID PROCEDURE MUST BE APPLIED . THIS IS A SPECIAL PROCEDURE AND ONE WHICH RELATES TO SUCH CASES AS MAY ARISE UNDER ARTICLE 28(1)(E ) OF REGULATION NO 3 .
THE EXCEPTIONAL NATURE OF THOSE SITUATIONS CONFIRMS THE FACT THAT SIMULTANEOUS PAYMENT IS NOT THE GENERAL RULE UNDER REGULATION NO 3 .
Decision on costs
THE COSTS INCURRED BY THE COMMISSION OF THE EEC, WHICH SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE COUR D' APPEL, PARIS, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE COUR D' APPEL, PARIS, ( 18TH CHAMBER ) BY A DECISION OF THAT COURT OF 28 JANUARY 1967, HEREBY RULES :
ARTICLE 28 OF REGULATION NO 3 TOGETHER WITH ARTICLES 30 TO 36 AND 83 OF REGULATION NO 4 DOES NOT IMPLY THE SIMULTANEOUS PAYMENT, ON THE BASIS OF THE SAME REFERENCE DATE, OF A PENSION PAYABLE IN ONE MEMBER STATE WITHOUT RECOURSE TO ARTICLE 27 AND OF ANOTHER PENSION NOT YET PAYABLE IN ANOTHER MEMBER STATE;
THE DECISION ON COSTS IN THE PRESENT PROCEEDINGS IS A MATTER FOR THE COUR D' APPEL, PARIS .