THIS BENEFIT TO ANOTHER BENEFIT DIRECTLY ACQUIRED IN ANOTHER MEMBER STATE SOLELY UNDER ITS NATIONAL LAW AND BASED ON INSURANCE PERIODS COMPLETED IN THAT STATE ALONE CANNOT BE REGARDED AS AN IMPROPER PLURALITY OF BENEFITS .
P.208
A DIFFERENT INTERPRETATION OF THE PROVISIONS IN QUESTION MIGHT, IN CIRCUMSTANCES SUCH AS THOSE IN THE PRESENT CASE, RESULT ON THE ONE HAND IN THE EXCLUSION OF ONE OF THOSE PERIODS BY REASON OF A RULE OF NATIONAL LAW FORBIDDING THE SIMULTANEOUS RECEIPT OF BOTH A PENSION AND REMUNERATION FOR EMPLOYMENT AND, ON THE OTHER HAND, IN ALLOWING THE SAID PERIOD TO BE TAKEN INTO ACCOUNT IN ANOTHER STATE, WHERE THE RIGHT TO A PENSION HAS BEEN ACQUIRED SOLELY UNDER NATIONAL LAW, ON THE GROUND THAT AGGREGATION AND PROPORTIONAL CALCULATION WERE NECESSARY IN A THIRD STATE .
THESE CONSIDERATIONS ARE ALSO VALID EVEN WHERE THE BENEFIT WHICH THE INSURED PERSON OBTAINS AS A RESULT OF THE APPLICATION OF ARTICLE 27 IN ONE STATE IS HIGHER THAN THE LOSS WHICH HE WOULD SUFFER IF ANOTHER STATE WERE TO APPLY ARTICLE 28 WITHOUT THE NEED OF RECOURSE TO ARTICLE 27 .
Decision on costs
THE COSTS INCURRED BY THE COMMISSION OF THE EEC WHICH HAS SUBMITTED ITS OBSERVATIONS ARE NOT RECOVERABLE, AND AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE THE COUR SUPERIEURE DE JUSTICE OF LUXEMBOURG, THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT FOR A PRELIMINARY RULING BY THE JUDGMENT OF 5 JANUARY 1967 OF THE COUR SUPERIEURE DE JUSTICE OF LUXEMBOURG SITTING AS A COUR DE CASSATION, HEREBY RULES :
1 . THE INTRODUCTORY PROVISIONS AND SUBPARAGRAPH ( B ) OF ARTICLE 28(1 ) OF REGULATION NO 3 ARE NOT APPLICABLE FOR THE PURPOSES OF DETERMINING THE AMOUNT OF AN OLD - AGE PENSION BASED ON A CONTRIBUTION PERIOD AND ACQUIRED SOLELY UNDER NATIONAL LAW WITHOUT RECOURSE TO ARTICLE 27, UNLESS THE SAME CONTRIBUTION PERIOD IS USED AT THE SAME TIME TO DETERMINE THE AMOUNT OF OTHER PENSIONS IN OTHER MEMBER STATES;
2 . THE DECISION AS TO COSTS IN THESE PROCEEDINGS IS A MATTER FOR THE COUR SUPERIEURE OF LUXEMBOURG .