:
' AN INVALIDITY PENSION GRANTED UNDER THIS DECREE MAY BE AGGREGATED WITH ONE OR MORE RETIREMENT OR INVALIDITY PENSIONS ONLY UP TO THE ANNUAL AMOUNT OF THE PENSION AS LAID DOWN BY ARTICLE 4 ( 1 ), ( 2 ) OR ( 4 ), ACCORDING TO WHETHER THE WORKER IS MARRIED , SINGLE , WIDOWED , DIVORCED OR SEPARATED . '
A ROYAL DECREE OF 3 AUGUST 1983 AMENDED THE ABOVE PROVISION SO AS TO PROHIBIT OVERLAPPING BENEFITS IN THE CASE OF ONE OR MORE RETIREMENT OR INVALIDITY PENSIONS , WHETHER GRANTED UNDER BELGIAN OR FOREIGN LEGISLATION .
5 MR SINATRA COMMENCED PROCEEDINGS TO PREVENT THE REDUCTION OF HIS BELGIAN PENSION . THE ACTION WAS BROUGHT BEFORE THE COUR DU TRAVAIL , MONS , BEFORE WHICH MR SINATRA ARGUED THAT , ACCORDING TO ARTICLE 46 OF REGULATION NO 1408/71 , A COMPARISON HAD TO BE MADE BETWEEN THE AMOUNT OF THE BELGIAN INVALIDITY PENSION AFTER SUBTRACTION OF THE ITALIAN PENSION AND THE AMOUNT OF THE BELGIAN PENSION APPORTIONED BY REFERENCE TO THE LENGTH OF THE INSURANCE PERIODS COMPLETED IN BELGIUM . SINCE THE LATTER AMOUNT WAS HIGHER IT SHOULD BE PAID TO HIM BY VIRTUE OF THE COMMUNITY REGULATIONS .
6 ACCORDING TO THE FUND , THE NATIONAL RULE AGAINST OVERLAPPING BENEFITS IS APPLICABLE BECAUSE MR SINATRA IS IN RECEIPT OF A FULL PENSION BY VIRTUE OF BELGIAN LEGISLATION ALONE . AS THE AGGREGATION RULE IS NOT APPLICABLE IN THIS INSTANCE , BY VIRTUE OF ARTICLE 45 ( 2 ) OF THE REGULATION , IT IS NOT POSSIBLE TO APPLY ARTICLE 46 THEREOF EITHER .
7 IN ORDER TO BE IN A POSITION TO GIVE A RULING ON THE DISPUTE , THE COUR DU TRAVAIL , MONS , REFERRED THE FOLLOWING QUESTION TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
' WHERE THE LEGISLATION OF A MEMBER STATE OF THE COMMUNITY MAKES PAYMENT OF INVALIDITY BENEFIT UNDER A SPECIAL SCHEME FOR MINE-WORKERS CONDITIONAL UPON THE COMPLETION OF A SPECIFIED MINIMUM PERIOD OF INSURANCE , ALTHOUGH THE AMOUNT OF SUCH BENEFIT IS NOT DETERMINED BY THE TOTAL LENGTH OF THE PERIODS OF INSURANCE ( THERE BEING NO RECOURSE TO AGGREGATION ), AND CONTAINS A RULE AGAINST OVERLAPPING WITH BENEFITS ACQUIRED UNDER FOREIGN LEGISLATION , MUST REGULATION NO 1408/71 , PARTICULARLY ARTICLES 12 , 45 AND 46 , BE INTERPRETED AS MEANING THAT THE COMPETENT INSTITUTION OF THAT MEMBER STATE MUST , IN THE CASE OF A WORKER WHO IS COVERED BY THAT LEGISLATION BUT ALSO RECEIVES AN APPORTIONED PENSION BY VIRTUE OF A GENERAL SCHEME PROVIDED FOR BY THE LEGISLATION OF ANOTHER MEMBER STATE , COMPARE THE COMMUNITY BENEFIT , OBTAINED ON THE BASIS OF ARTICLE 46 ( 1 ) WITHOUT APPLICATION OF THE NATIONAL RULES AGAINST OVERLAPPING AND OF ARTICLE 46 ( 3 ), WHICH FIXES AS A CEILING THE HIGHEST THEORETICAL AMOUNT OF PENSION , WITH THE BENEFIT OBTAINED EXCLUSIVELY BY APPLICATION OF THE NATIONAL LEGISLATION , INCLUDING THE RULE AGAINST OVERLAPPING WITH BENEFITS ACQUIRED UNDER