AT ORLEANS,
AND
CAISSE REGIONALE DE SECURITE SOCIALE DU CENTRE, ORLEANS,
TOGETHER WITH
DIRECTEUR REGIONAL DE LA SECURITE SOCIALE D' ORLEANS, ORLEANS,
Subject of the case
ON THE INTERPRETATION OF ARTICLE 51 OF THE ABOVE-MENTIONED TREATY AND ARTICLES 27 AND 28 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS ( OFFICIAL JOURNAL OF 16 DECEMBER 1958, P.561 ET SEQ .);
Grounds
P.187
THE COUR D' APPEL, ORLEANS, REQUESTS THE COURT TO GIVE A RULING ' ON THE INTERPRETATION TO BE GIVEN TO ARTICLE 51 OF THE TREATY OF ROME AND TO ARTICLES 27 AND 28 OF REGULATION NO 3 OF THE COMMUNITY CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS, FOR THE PURPOSE OF SPECIFYING WHETHER THIS REGULATION CAN VALIDLY DEPRIVE A WORKER OF A PART OF THE RIGHTS ACQUIRED BY HIM IN ONE OF THE STATES OF THE COMMUNITY '.
CASES ARISING UNDER SYSTEMS WITH INSURANCE PERIODS, SUCH AS THAT WHICH HAS GIVEN RISE TO THE QUESTION SET OUT ABOVE, ARE CHARACTERIZED FIRST OF ALL BY THE FACT THAT IN ONE OF THE STATES CONCERNED THE BENEFIT IS ACQUIRED BY VIRTUE OF NATIONAL LAW ALONE, WHILST IN THE OTHER STATE CONCERNED A RIGHT TO BENEFIT CAN ARISE ONLY WITH THE ASSISTANCE OF THE AGGREGATION OF THE PERIODS, AS PROVIDED FOR BY ARTICLE 51 OF THE EEC TREATY AND ARTICLE 27 OF REGULATION NO 3 . FURTHERMORE THEY HAVE THE PECULIARITY THAT THE APPLICATION BY THE COMPETENT INSTITUTION OF THE FIRST STATE OF ARTICLES 27 AND 28 OF THE SAID REGULATION MIGHT HAVE THE EFFECT OF REDUCING THE BENEFIT ARISING FROM THE APPLICATION OF NATIONAL LAW ALONE, WHILST THAT BENEFIT WOULD NOT BE RELATED TO THE PERIODS FROM THE SECOND STATE . IT IS NECESSARY THEREFORE TO CONSIDER WHETHER IN SUCH A CASE THE INSTITUTION PAYING A PENSION ARISING BY VIRTUE ONLY OF ITS NATIONAL LAW IS JUSTIFIED IN APPLYING THE SAID ARTICLES 27 AND 28 .
( 1 ) UNDER THE TERMS OF ARTICLES 28(1)(A ), THE PROVISIONS OF THAT ARTICLE, AND IN PARTICULAR SUBPARAGRAPH ( B ) WHICH PROVIDES FOR THE SO - CALLED PROPORTIONAL CALCULATION, APPEAR TO BE APPLICABLE EQUALLY TO EVERY ' INSURED PERSON COVERED BY ARTICLE 27 OF THIS REGULATION ' - THAT IS TO SAY, HAVING BEEN ' SUCCESSIVELY OR ALTERNATELY SUBJECT TO THE LEGISLATION OF TWO OR MORE MEMBER STATES ' - AS WELL AS TO ' THE INSTITUTION OF EACH OF THE MEMBER STATES '. NEVERTHELESS, UNDER THE TERMS OF THE SAID SUBPARAGRAPH ( B ) PROPORTIONAL CALCULATION SHALL BE USED WHEN THE RIGHT TO BENEFIT ' IS ACQUIRED BY VIRTUE OF SUBPARAGRAPH ( A ) ', THAT IS TO SAY, ' TAKING INTO ACCOUNT THE AGGREGATION OF PERIODS ' COMPLETED UNDER THE LEGISLATION OF VARIOUS STATES IN ACCORDANCE WITH ARTICLE 27, WHICH SUGGESTS A CONTRARIO THAT PROPORTIONAL CALCULATION IS EXCLUDED IF, ACCORDING TO THE NATIONAL LEGISLATION IN QUESTION, THE RIGHT OF THE INSURED PERSON IS ACQUIRED WITHOUT THE NEED TO REFER TO PERIODS COMPLETED BY