AMOUNT OF THE PENSION DOES NOT DEPEND ON THE DURATION OF THE INSURANCE '.
( 1 ) IT FOLLOWS FROM THE WORDING OF ARTICLE 28 ( 1 ) THAT THE CONDITIONS FOR THE APPLICATION OF THIS ARTICLE ARE SUBJECT TO THOSE OF ARTICLE 27 .
THE REGULATIONS IN THE FIELD OF SOCIAL SECURITY HAVE AS THEIR BASIS, THEIR FRAMEWORK AND THEIR BOUNDS ARTICLES 48 TO 51 OF THE TREATY WHICH ARE AIMED AT SECURING FREEDOM OF MOVEMENT FOR WORKERS . UNDER ARTICLE 51 THESE REGULATIONS ' SECURE ' FOR MIGRANT WORKERS ' AGGREGATION, FOR THE PURPOSE OF ACQUIRING AND RETAINING THE RIGHT TO BENEFIT AND OF CALCULATING THE AMOUNT OF BENEFIT, OF ALL PERIODS TAKEN INTO ACCOUNT UNDER THE LAWS OF THE SEVERAL COUNTRIES '.
THE AIM OF THIS PROVISION IS TO ALLOW THE MIGRANT WORKER TO ACQUIRE THE RIGHT TO BENEFIT BY THE AGGREGATION OF THE PERIODS OF WORK COMPLETED BY HIM IN VARIOUS MEMBER STATES . IT FOLLOWS FROM THIS PRINCIPLE THAT BENEFITS ARE TO BE CALCULATED ACCORDING TO THE PROPORTION OF ALL THE PERIODS OF WORK . ARTICLES 27 AND 28 OF REGULATION N . 3 ARE IN LINE WITH THIS INTENTION . THEY THUS SUPPLEMENT ONE ANOTHER, ARE BASED ON THE SAME PRINCIPLE AND MUST THEREFORE BE APPLIED SIMULTANEOUSLY .
IF ARTICLE 28 WERE TO BE APPLIED SEPARATELY FROM ARTICLE 27, THE RIGHTS OF MIGRANT WORKERS MIGHT IN SOME CASES BE REDUCED . SUCH WORKERS MIGHT FIND THAT THE CALCULATIONS MADE UNDER ARTICLE 28 RESULTED IN SMALLER BENEFITS FOR THEM THAN THE TOTAL OF THE BENEFITS TO WHICH THEY WOULD HAVE BEEN ENTITLED BY VIRTUE OF THE LEGISLATION OF EACH OF THE MEMBER STATES IF THE SAID PROVISIONS HAD NOT BEEN APPLIED .
THE AIM OF ARTICLES 48 TO 51 OF THE TREATY WOULD NOT BE ATTAINED BUT DISREGARDED IF THE WORKER WERE OBLIGED, IN ORDER TO AVAIL HIMSELF OF THE FREEDOM OF MOVEMENT WHICH IS GUARANTEED TO HIM, TO FIND HIMSELF SUBJECTED TO THE LOSS OF RIGHTS ALREADY ACQUIRED IN ONE OF THE MEMBER STATES WITHOUT HAVING THEM REPLACED BY AT LEAST EQUIVALENT BENEFITS . ALTHOUGH, WITHIN THE FRAMEWORK OF ARTICLE 100, THE STATES ARE IN A POSITION, BY APPROXIMATING THEIR LAWS, TO BRING ABOUT FAIRLY RADICAL CHANGES IN THEM, SUBJECT TO THE SAFEGUARDS FOUND BOTH IN THE TREATY AND IN NATIONAL LAW, ARTICLE 51 ON THE OTHER HAND CANNOT ALLOW THE REGULATIONS TO FALL SHORT OF THE OBJECTIVES WHICH IT SETS, WHICH ARE INTENDED TO FAVOUR FREEDOM OF MOVEMENT FOR WORKERS AND WHICH WOULD BE INCOMPATIBLE WITH ANY REDUCTION IN THEIR RIGHTS . IT FOLLOWS FROM THESE FACTORS THEREFORE THAT ARTICLE 28 ( 1 ) ( B ) IS APPLICABLE UNDER ARTICLE 51 OF THE TREATY ONLY IN CASES PROVIDED FOR BY ARTICLE 27, THAT IS TO SAY, WHERE IT IS A QUESTION OF THE ACQUISITION, MAINTENANCE OR RECOVERY OF THE RIGHT TO BENEFIT .
( 2 ) THE CENTRALE RAAD VAN BEROEP HAS NEXT RAISED THE QUESTION WHETHER ARTICLE 28 IS APPLICABLE TO