I ), P . 159 ).
2 THE QUESTION WAS RAISED IN THE COURSE OF PROCEEDINGS BETWEEN PIETRO FANARA , THE PLAINTIFF IN THE MAIN ACTION , AND THE INSTITUT NATIONAL D ' ASSURANCE MALADIE-INVALIDITE , A BELGIAN SOCIAL SECURITY INSTITUTION AND THE DEFENDANT IN THE MAIN ACTION ( HEREINAFTER REFERRED TO AS ' ' THE BELGIAN INSTITUTION ' ' ), AND CONCERNED THE COMPATIBILITY WITH COMMUNITY LAW OF ARTICLE 241 TER OF THE ROYAL DECREE OF 4 NOVEMBER 1963 IMPLEMENTING THE BELGIAN LAW OF 9 AUGUST 1963 INSTITUTING AND ORGANIZING A COMPULSORY SICKNESS INSURANCE SCHEME .
3 THE PLAINTIFF IN THE MAIN PROCEEDINGS , AN ITALIAN NATIONAL RESIDING IN BELGIUM , PURSUED EMPLOYMENT SUCCESSIVELY IN ITALY AND BELGIUM . HE WAS INCAPACITATED FOR WORK FROM 7 OCTOBER 1975 AND HIS INVALIDITY WAS RECOGNIZED FROM 7 OCTOBER 1976 . HE FULFILLED THE CONDITIONS REQUIRED TO ENABLE HIM TO CLAIM THE AWARD OF INVALIDITY BENEFITS . THE BELGIAN AND ITALIAN INSTITUTIONS PROCEEDED TO AWARD THOSE BENEFITS PURSUANT TO ARTICLE 40 ( 1 ) AND TO THE PROVISIONS OF CHAPTER 3 OF TITLE III OF REGULATION NO 1408/71 , AND IN PARTICULAR ARTICLE 46 THEREOF .
4 FROM 1 NOVEMBER 1976 TO 28 FEBRUARY 1979 THE PLAINTIFF IN THE MAIN PROCEEDINGS RECEIVED FULL BELGIAN INVALIDITY ALLOWANCES , WHICH WERE AWARDED TO HIM ON A PROVISIONAL BASIS UNDER ARTICLE 45 ( 1 ) OF REGULATION NO 574/72 . BY A DECISION NOTIFIED TO HIM ON 16 MARCH 1979 , THE BELGIAN INSTITUTION MADE A DEFINITIVE CALCULATION OF THE AMOUNT OF THE BELGIAN BENEFIT , DEDUCTING FROM THE FULL BELGIAN ALLOWANCE DUE ON 1 NOVEMBER 1976 THE DAILY AMOUNT OF THE ITALIAN PENSION CORRESPONDING TO THE SAME DATE . FOR THE PURPOSES OF THAT CALCULATION , THE AMOUNT OF THE ITALIAN PENSION WAS CONVERTED INTO BELGIAN FRANCS BY APPLICATION OF THE RATE OF EXCHANGE PREVAILING IN THE FOURTH QUARTER OF 1976 , THAT DECISION AND ON THE BASIS OF THAT CALCULATION , THE PLAINTIFF IN THE MAIN ACTION WAS SAID TO HAVE RECEIVED ON A PROVISIONAL BASIS FOR THE ABOVE-MENTIONED PERIOD THE SUM OF 19 627 BELGIAN FRANCS , WHICH HAD TO BE RECOVERED BY THE BELGIAN INSTITUTION .
5 IN RESPECT OF THE PERIOD FROM 1 NOVEMBER 1976 TO 31 DECEMBER 1978 THE COMPETENT ITALIAN INSTITUTION PAID TO THE DEFENDANT IN THE MAIN ACTION THE SUM OF LIT 846 865 , WHICH REPRESENTED THE ITALIAN INVALIDITY PENSION AND TOOK ACCOUNT OF THE COST OF LIVING INCREASES IN THAT PENSION . ON CONVERSION INTO BELGIAN FRANCS AT THE RATE OF THE DATE OF PAYMENT , THAT SUM YIELDED BFR 29 538 . CONSEQUENTLY , THERE WAS A DIFFERENCE OF BFR 9 911 AS COMPARED WITH THE SUM TO BE RECOVERED .
6 THE ACTION BEFORE THE NATIONAL COURT IS CONCERNED WITH THE PLAINTIFF ' S RIGHT TO THE PAYMENT OF THAT SUM BY THE BELGIAN INSTITUTION . RELYING UPON ARTICLE 241 TER OF THE ABOVE-MENTIONED ROYAL DECREE OF 4 NOVEMBER 1963 IMPLEMENTING THE BELGIAN