WHICH IMPOSES ON WORKERS ENJOYING CERTAIN SOCIAL SECURITY ADVANTAGES, LIMITATIONS CORRESPONDING TO THE SAID ADVANTAGES .
20 ARTICLE 11 OF REGULATION NO 3 WOULD, WHEN APPLIED, EXCEED ITS OBJECTIVE, TO THE DETRIMENT OF THE WORKER TO WHOM IT APPLIES, IF IT HAD TO RESULT IN REDUCING SOCIAL SECURITY BENEFIT IN ONE MEMBER STATE BY THE TOTAL AMOUNT OF BENEFIT IN ANOTHER MEMBER STATE, WHERE THAT LATTER BENEFIT, UNDER THE TERMS OF A NON-OVERLAPPING PROVISION, HAS ONLY BEEN ALLOWED FOR AN ALREADY REDUCED AMOUNT .
21 THE EXPRESSION 'BENEFITS ACQUIRED UNDER A SCHEME IN ANOTHER MEMBER STATE' CAN THEREFORE ONLY MEAN THE AMOUNT ACTUALLY PAID AS ASSIMILATED BENEFIT .
Decision on costs
22 THE COSTS INCURRED BY THE COMMISSION, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE .
23 AS THESE PROCEEDINGS ARE, INSOFAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION BEFORE THE NATIONAL COURT, COSTS ARE A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE CENTRALE RAAD VAN BEROEP BY JUDGMENT OF THAT COURT DATED 2 NOVEMBER 1973,
HEREBY RULES :
1 . A PROVISION OF NATIONAL LAW INTENDED TO FORBID THE SIMULTANEOUS RECEIPT OF SICKNESS BENEFIT AND BENEFIT FROM INSURANCE AGAINST INCAPACITY TO WORK CONSTITUTES A PROVISION FOR SUSPENSION OR REDUCTION WITHIN THE MEANING OF ARTICLE 11 ( 2 ) OF REGULATION NO 3 .
2 . THE EXPRESSION 'BENEFITS ACQUIRED UNDER A SCHEME IN ANOTHER MEMBER STATE' CANNOT BE LIMITED MERELY TO THE CASE WHERE THE PROVISION AGAINST OVERLAPPING IS EXPRESSED IN TERMS COVERING ALL BENEFITS IN GENERAL, WHETHER ACQUIRED UNDER THE SCHEME IN OTHER MEMBER STATES OR UNDER THAT OF THE STATE CONCERNED .
3 . THE EXPRESSION 'BENEFITS ACQUIRED UNDER A SCHEME IN ANOTHER MEMBER STATE' CAN ONLY MEAN THE AMOUNT ACTUALLY PAID AS ASSIMILATED BENEFIT .