' ' WHERE A WORKER HAS BEEN SUBJECT TO THE LEGISLATION OF TWO OR MORE MEMBER STATES , TO WHAT EXTENT DO ARTICLE 12 ( 2 ) AND ARTICLE 46 OF REGULATION ( EEC ) NO 1408/71 PREVENT THE APPLICATION OF NATIONAL RULES AGAINST THE OVERLAPPING OF BENEFITS SUCH AS THOSE IN FORCE PURSUANT TO THE WAO , WHERE ENTITLEMENT TO BENEFIT HAS BEEN OBTAINED PURSUANT TO NATIONAL LEGISLATION ALONE WITHOUT ITS BEING NECESSARY TO APPLY THE REGULATION FOR THAT PURPOSE?
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FOR THE REASONS SET OUT IN ITS JUDGMENT OF 14 MARCH 1978 ( CASE 78/77 ( 1978 ) ECR 707 ), THE COURT GAVE THE FOLLOWING REPLY :
' ' SO LONG AS A WORKER IS RECEIVING A PENSION BY VIRTUE OF NATIONAL LEGISLATION ALONE , THE PROVISIONS OF REGULATION NO 1408/71 DO NOT PREVENT THE NATIONAL LEGISLATION , INCLUDING THE NATIONAL RULES AGAINST THE OVERLAPPING OF BENEFITS , FROM BEING APPLIED TO HIM IN ITS ENTIRETY , PROVIDED THAT IF THE APPLICATION OF SUCH NATIONAL LEGISLATION PROVES LESS FAVOURABLE THAN THE APPLICATION OF THE RULES LAID DOWN BY ARTICLE 46 OF REGULATION NO 1408/71 THE PROVISIONS OF THAT ARTICLE MUST BE APPLIED . ' '
5THE CENTRALE RAAD VAN BEROEP , SHARING THE DOUBTS EXPRESSED BY THE NETHERLANDS FUND , THE DEFENDANT IN THE MAIN ACTION , ON THE INTERPRETATION OF ARTICLE 46 ( 2 ) OF REGULATION NO 574/72 , REFERRED TO THE COURT ONCE MORE THE FOLLOWING QUESTIONS :
' ' 1 . IS THE HEADING OF ARTICLE 46 OF REGULATION NO 574/72 AN INTEGRAL PART OF THAT ARTICLE IN THE SENSE THAT THE CONTENT OF THE ARTICLE IS ALSO DETERMINED BY THAT HEADING?
2 . HAVING REGARD TO ARTICLE 46 ( 2 ) ( D ) OF REGULATION NO 1408/71 ARE THE SECOND SUBPARAGRAPH OF PARAGRAPH ( 1 ) AND PARAGRAPH ( 2 ) OF ARTICLE 46 OF REGULATION NO 574/72 READ TOGETHER WITH THE FIRST SUBPARAGRAPH OF PARAGRAPH ( 1 ) AND THE HEADING ABOVE THE ARTICLE TO BE UNDERSTOOD AS MEANING THAT THE WHOLE ARTICLE RELATES ONLY TO BENEFITS CALCULATED IN ACCORDANCE WITH ARTICLE 46 ( 2 ) ( A ) AND ( B ) OF REGULATION NO 1408/71 IN CASES WHERE AGGREGATION OF PERIODS HAS OCCURRED AND IN CONNEXION WITH WHICH PERIODS OF VOLUNTARY OR OPTIONAL CONTINUED INSURANCE WERE NOT TAKEN INTO ACCOUNT , OR DO THOSE PROVISIONS , OR DOES ONE OF THEM , ALSO APPLY TO CASES IN WHICH THE BENEFITS WERE NOT CALCULATED IN ACCORDANCE WITH ARTICLE 46 ( 2 ) ( A ) AND ( B ) OF REGULATION NO 1408/71 AND THERE HAS BEEN NO QUESTION OF LEAVING OUT OF ACCOUNT PERIODS OF VOLUNTARY OR OPTIONAL CONTINUED INSURANCE IN CALCULATING THE BENEFITS?
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6IT IS NECESSARY TO DEAL WITH THE TWO QUESTIONS JOINTLY . THE COURT BASES THE REPLY TO BE GIVEN TO THE QUESTIONS REFERRED TO IT ON THE FACT THAT THE BENEFITS IN QUESTION COME WITHIN SOCIAL SECURITY WITHIN THE MEANING OF