THE JURISDICTION OF THE COURT OF JUSTICE TO GIVE A RULING ON THE QUESTION REFERRED AND MAINTAINS THAT IT IS A BELGIAN LAW AND NOT COMMUNITY LAW WHICH HAS TO BE INTERPRETED .
HOWEVER AS THE COURT HAS BEEN PROPERLY SEISED UNDER ARTICLE 177 OF THE TREATY OF A QUESTION RELATING TO THE INTERPRETATION AND VALIDITY OF REGULATION NO 3 OF THE COUNCIL, THE OBSERVATIONS OF THE CAISSE ARE IRRELEVANT .
NOR CAN EITHER THE FACT THAT THE BENEFICIARY COULD, BY CEASING TO BE GAINFULLY EMPLOYED, RECEIVE PAYMENT OF THE BELGIAN PENSION, NOR THE FACT THAT PERIODS OF WORK AND CONTRIBUTIONS WERE RESPECTIVELY COMPLETED AND PAID FOR THE MOST PART PRIOR TO THE ENTRY INTO FORCE OF THE COMMUNITY PROVISIONS RELATING TO THE FREE MOVEMENT OF WORKERS HAVE ANY SIGNIFICANCE .
UNDER ARTICLE 177 THE COURT IS NOT ASKED TO DECIDE A SPECIFIC CASE BUT TO GIVE A RULING ON THE INTERPRETATION OR VALIDITY OF COMMUNITY PROVISIONS WITH DUE REGARD TO THE FINDINGS OF THE NATIONAL COURT .
IT THEREFORE HAS JURISDICTION TO ANSWER THE QUESTION WHICH HAS BEEN RAISED .
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THE INTERPRETATION AND THE VALIDITY OF ARTICLE 28(1 ) OF REGULATION NO 3
ARTICLE 28(1 ) OF REGULATION NO 3 WHICH THE COURT IS ASKED TO INTERPRET PROVIDES FOR THE DETERMINATION BY THE METHOD OF PROPORTIONAL CALCULATION ( SUBPARAGRAPH ( B )) OF THE ' BENEFITS WHICH MAY BE CLAIMED BY AN INSURED PERSON COVERED BY ARTICLE 27...OR HIS SURVIVORS '.
THE QUESTION WHICH HAS BEEN RAISED IS WHETHER THIS METHOD IS APPLICABLE IN A STATE WHERE THE RIGHT TO A PENSION HAS ALREADY BEEN ACQUIRED SOLELY UNDER ITS NATIONAL LEGISLATION AND WHERE CONSEQUENTLY THE AGGREGATION OF INSURANCE PERIODS PROVIDED BY ARTICLE 27(1 ) DOES NOT APPLY .
THE SUBSIDIARY QUESTION WHETHER THESE PROVISIONS ARE IN CONFORMITY WITH ARTICLE 51 OF THE TREATY, WHICH ARISES OUT OF THE MAIN QUESTION, CANNOT BE SEVERED FROM THE INTERPRETATION REQUESTED, SINCE REGULATION NO 3 HAS AS ITS BASIS, ITS FRAMEWORK AND ITS BOUNDS THE REQUIREMENTS OF ARTICLES 48 TO 51 OF THE TREATY THE IMPLEMENTATION OF WHICH IS ITS AIM . UNDER ARTICLE 51 OF THE TREATY THE REGULATIONS TO BE IMPLEMENTED IN APPLICATION OF THIS ARTICLE MUST ADOPT ' SUCH MEASURES...AS ARE NECESSARY TO PROVIDE FREEDOM OF MOVEMENT FOR WORKERS ' BY INTRODUCING IN PARTICULAR A SYSTEM SECURING FOR THEM, THE ACQUISITION AND MAINTENANCE OF THE RIGHT TO BENEFIT .
THESE PROVISIONS, WHICH ARE INTENDED TO GIVE A MIGRANT WORKER MORE FAVOURABLE TREATMENT IN CERTAIN RESPECTS THAN HE WOULD RECEIVE IF HIS NATIONAL LAW ALONE WERE APPLIED IN HIS CASE BUT AT LEAST TO GUARANTEE HIS RIGHT TO A PENSION, CANNOT BE INTERPRETED IN A WAY WHICH CONFLICTS WITH HIS OBJECTIVE .
THE AIM OF ARTICLE 51 OF THE TREATY IS NOT TO SECURE IN THE FIRST INSTANCE THE EQUALIZATION OF BENEFITS BETWEEN SOCIAL SECURITY INSTITUTIONS BUT TO ENABLE A WORKER, WHO MAY LOSE THE BENEFIT OF A PERIOD OF CONTRIBUTIONS NOT LONG ENOUGH TO GIVE HIM THE RIGHT TO