CHARLEROI . SHE CLAIMED THAT SHE WAS ENTITLED TO A BELGIAN SURVIVOR' S PENSION AS FROM FEBRUARY 1977 BECAUSE HER ITALIAN INVALIDITY PENSION, WHICH WAS NOT CONVERTIBLE INTO AN OLD-AGE PENSION, HAD TO BE REGARDED AS BEING OF THE SAME KIND AS AN OLD-AGE PENSION SO THAT THE FIRST ANTI-OVERLAPPING RULE MENTIONED ABOVE COULD NOT BE APPLIED . THE TRIBUNAL DU TRAVAIL DECLARED THE APPLICATION WELL FOUNDED ON THAT POINT BUT STATED THAT THE ( BELGIAN ) SURVIVOR' S PENSION AND THE ( ITALIAN ) INVALIDITY PENSION ASSIMILATED TO AN OLD-AGE PENSION WERE BY THEIR NATURE DIFFERENT SO THAT, IN ACCORDANCE WITH ARTICLE 12 OF REGULATION NO 1408/71, THEY COULD OVERLAP ONLY UP TO THE LIMIT SET BY THE SECOND ANTI-OVERLAPPING RULE MENTIONED ABOVE .
5 BOTH THE ONPTS AND MRS STEFANUTTI APPEALED AGAINST THAT JUDGMENT TO THE COUR DU TRAVAIL, MONS . THE ONPTS ARGUED THAT THE INVALIDITY PENSION COULD NOT BE REGARDED AS AN OLD-AGE PENSION UNTIL MRS STEFANUTTI HAD REACHED 60 YEARS OF AGE WHILST MRS STEFANUTTI TOOK THE VIEW THAT, UNDER ARTICLE 7*(1)*(B ) OF REGULATION NO 574/72, HER ITALIAN PENSION COULD BE TAKEN INTO ACCOUNT, IN THE CALCULATION MADE IN ACCORDANCE WITH COMMUNITY LAW, ONLY IN PROPORTION TO THE INSURANCE PERIOD COMPLETED IN BELGIUM BY HER DECEASED HUSBAND FOR THE PURPOSES OF THE OVERLAP WITH THE SURVIVOR' S PENSION AND THAT SHE WAS ENTITLED TO
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THE MOST FAVOURABLE SURVIVOR' S PENSION BETWEEN THAT ARISING UNDER THE NATIONAL RULES OF CALCULATION AND THAT RESULTING FROM THE CALCULATION MADE UNDER COMMUNITY LAW .
6 IT WAS IN THOSE CIRCUMSTANCES THAT THE COUR DU TRAVAIL, MONS, REFERRED THE FOLLOWING QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
"( 1 ) WHERE THE WIDOW OF A MIGRANT WORKER HAS BECOME ENTITLED TO A PERSONAL INVALIDITY PENSION IN ONE MEMBER STATE WITHOUT APPLICATION OF THE COMMUNITY REGULATIONS AND CLAIMS A SURVIVOR' S BENEFIT IN ANOTHER MEMBER STATE ON THE BASIS OF HER HUSBAND' S EMPLOYMENT, AGAIN WITHOUT APPLICATION OF THE COMMUNITY REGULATIONS, IS IT COMPATIBLE WITH ARTICLES 48 AND 51 OF THE EEC TREATY THAT THE INSTITUTION OF THE SECOND STATE WHICH GRANTS THE SURVIVOR' S PENSION SHOULD TAKE INTO ACCOUNT, IN APPLYING THE RULES LAID DOWN IN ITS OWN LEGISLATION FOR PREVENTING THE OVERLAPPING OF BENEFITS, THE INVALIDITY PENSION GRANTED BY THE FIRST STATE IN THE SAME WAY AS IT TAKES INTO ACCOUNT INVALIDITY BENEFITS GRANTED UNDER ITS OWN LEGISLATION?
( 2 ) IF THE ANSWER TO THE FIRST QUESTION IS IN THE AFFIRMATIVE, HOW MUST THE INVALIDITY PENSION GRANTED BY ANOTHER MEMBER STATE, WHICH IS NOT CONVERTIBLE INTO AN OLD-AGE PENSION, BE TREATED IF THE LEGISLATION OF A MEMBER STATE TREATS THE OVERLAPPING OF THE SURVIVOR' S PENSION GRANTED BY THAT STATE WITH AN INVALIDITY BENEFIT OR OLD-AGE BENEFIT DIFFERENTLY : MUST IT BE TREATED AS AN INVALIDITY BENEFIT OR AS AN OLD-AGE BENEFIT? SHOULD A DISTINCTION POSSIBLY BE MADE ACCORDING TO WHETHER OR
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NOT THE RECIPIENT