IS SUBJECT TO THE LEGISLATION OF THE STATE WHERE HE IS EMPLOYED, IS TO AVOID ANY PLURALITY OR PURPOSELESS OVERLAPPING OF CONTRIBUTIONS AND LIABILITIES WHICH WOULD RESULT FROM THE SIMULTANEOUS OR ALTERNATE APPLICATION OF SEVERAL LEGISLATIVE SYSTEMS AND, MOREOVER, PREVENTING THOSE CONCERNED, IN THE ABSENCE OF LEGISLATION APPLYING TO THEM, FROM REMAINING WITHOUT PROTECTION IN THE MATTER OF SOCIAL SECURITY .
16 THAT PROVISION, WHICH IS DESIGNED TO SETTLE CONFLICTS OF LAWS BOTH POSITIVE AND NEGATIVE, WHICH MAY ARISE IN THE FIELD OF THE APPLICATION OF THE REGULATION, DOES NOT AUTHORIZE A NATIONAL INSURANCE INSTITUTION EITHER EXPRESSLY OR BY IMPLICATION TO REDUCE THE BENEFITS WHICH ARE DUE TO A WORKER OR THOSE ENTITLED UNDER HIM UNDER NATIONAL LEGISLATION ALONE .
17 A PROVISION OF THE LEGISLATION OF A MEMBER STATE PROVIDING THAT IN CASE OF SUCCESSIVE, ALTERNATIVE OR CUMULATIVE AFFILIATIONS TO CONTRIBUTORY PENSION SCHEMES OF THIS SAME STATE A SPECIAL INCREASE ON THE GROUND OF THE PREMATURE DEATH OF A PERSON AFFILIATED TO IT MUST BE PAID BY THE PENSIONS INSTITUTION TO WHICH THE INSURED PERSON WAS LAST AFFILIATED, CAN THEREFORE GOVERN ONLY THE RELATIONSHIPS BETWEEN THE INSURANCE INSTITUTIONS OF THAT STATE .
THE SECOND AND THIRD QUESTIONS
18 THE SECOND QUESTION ASKS WHETHER ARTICLE 51 OF THE EEC TREATY AND ARTICLES 27 AND 28 OF REGULATION NO 3 PROHIBIT A WIDOW FROM BENEFITING SIMULTANEOUSLY FROM THE SPECIAL INCREASE, PAID IN A FIRST STATE WITHOUT AGGREGATION OF INSURANCE PERIODS, AND FROM ANOTHER BENEFIT AWARDED IN A SECOND STATE AFTER AGGREGATION, THE TWO ALLOWANCES BEING PAYABLE OVER THE SAME PERIOD .
19 THE THIRD QUESTION ASKS WHETHER THESE COMMUNITY PROVISIONS PROHIBIT THE WIDOW WHO IN THE SECOND STATE OBTAINS AN INCREASED PENSION CALCULATED BY AGGREGATION AND APPORTIONMENT FROM BENEFITING SIMULTANEOUSLY IN THE FIRST STATE FROM A SPECIAL INCREASE SUCH AS THAT SPECIFIED ABOVE, WITHOUT THIS LATTER INCREASE BEING APPORTIONED .
20 ARTICLE 51 OF THE TREATY AND ARTICLE 27 OF REGULATION NO 3 REFER IN ESSENCE TO THE CASE WHERE THE LEGISLATION OF A MEMBER STATE ON ITS OWN DOES NOT ENTITLE THE PERSON CONCERNED TO A BENEFIT BY REASON OF THE INSUFFICIENT TIME COMPLETED UNDER THIS LEGISLATION .
21 TO REMEDY THIS SITUATION THESE RULES PROVIDE, FOR THE BENEFIT OF THE WORKER WHO HAS BEEN SUBJECT SUCCESSIVELY OR ALTERNATELY TO THE LEGISLATION OF TWO OR MORE MEMBER STATES, FOR THE AGGREGATION OF PERIODS OF INSURANCE COMPLETED UNDER THE LEGISLATION OF EACH OF THESE STATES .
22 AS REGARDS OLD-AGE AND DEATH PENSIONS, ARTICLES 27 AND 28 OF REGULATION NO 3 APPLY TO THIS SITUATION, BUT NOT WHEN IN A STATE THE OBJECT SOUGHT BY ARTICLE 51 IS ATTAINED UNDER THE NATIONAL LEGISLATION ALONE .
23 THE PROVISIONS REFERRED TO CANNOT THEREFORE HAVE THE EFFECT OF DEPRIVING THOSE ENTITLED UNDER A DECEASED INSURED PERSON OF A BENEFIT TO WHICH THEY ARE ENTITLED BY VIRTUE OF THE PROVISIONS OF THE APPLICABLE NATIONAL LEGISLATION ALONE .
24 IT WAS CLAIMED IN THE COURSE OF THE PROCEEDINGS THAT THE LUXEMBOURG INSURANCE INSTITUTION COULD AVOID