APPEALED AGAINST THAT DECISION TO THE SOZIALGERICHT ( SOCIAL COURT ) AACHEN AND THEN TO THE LANDESSOZIALGERICHT FUR DAS LAND NORDRHEIN-WESTFALEN WHICH HAS ASKED THE COURT TO RULE UPON THE FOLLOWING PRELIMINARY QUESTIONS :
' ' 1 . ( A ) ARE A MEMBER STATE ' S LEGAL PROVISIONS GOVERNING THE OVERLAPPING OF ONE SOCIAL SECURITY BENEFIT WITH ANOTHER ( PARAGRAPH 75 OF THE REICHSKNAPPSCHAFTSGESETZ ) APPLICABLE ( THE FIRST SENTENCE OF ARTICLE 12 ( 2 ) OF REGULATION ( EEC ) NO 1408/71 ) EVEN WHERE :
( I ) THE BENEFIT TO BE REDUCED HAS BEEN DETERMINED UNDER NATIONAL LEGISLATION ALONE ( ARTICLE 46 ( 1 ) OF THE REGULATION ); AND
( II)A PROPORTION OF THE BENEFIT TO BE TAKEN INTO ACCOUNT ( ARTICLE 57 ( 3 ) ( C ) OF THE REGULATION ) IS BORNE BY AN INSURANCE INSTITUTION IN THE STATE UNDER WHOSE LEGISLATION THE BENEFIT TO BE REDUCED IS PROVIDED?
( B)DOES THE APPLICATION OF THE LEGISLATION GOVERNING THE OVERLAPPING OF SOCIAL SECURITY BENEFITS DEPEND IN PRINCIPLE ON THE PROPORTIONS OF BENEFIT BORNE?
( C)DOES IT MATTER WHETHER THE ASSIGNMENT BY ARTICLE 57 ( 1 ) OF THE REGULATION TO THE LAST INSURANCE INSTITUTION OF SOLE RESPONSIBILITY FOR AWARDING BENEFIT OPERATES TO THE ADVANTAGE OR DISADVANTAGE OF THE INSURED PERSON?
2.IS THE EXTENT TO WHICH THE BENEFIT IS REDUCED OR SUSPENDED DEPENDENT UPON THE SIZE OF THE PROPORTIONS OF THE BENEFIT TO BE BROUGHT INTO ACCOUNT AND IF SO TO WHAT DEGREE?
3.IS THE DISREGARDING OF ANNUAL REMUNERATION AS THE UPPER LIMIT FOR THE PURPOSES OF AN APPLICATION BY ANALOGY OF PARAGRAPH 75 OF THE REICHSKNAPPSCHAFTSGESETZ CONTRARY TO ARTICLES 48 TO 51 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY OR OTHER PROVISIONS OR PRINCIPLES OF COMMUNITY LAW?
' '
8 IN ESSENCE THE FIRST QUESTION SEEKS TO ESTABLISH WHETHER ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 OF THE COUNCIL ALLOWS A NATIONAL PROVISION DESIGNED TO PREVENT THE OVERLAPPING OF NATIONAL BENEFITS ALONE TO BE APPLIED IN A CASE WHERE THE BENEFIT TO BE REDUCED HAS BEEN AWARDED SOLELY ON THE BASIS OF NATIONAL LAW AND WHERE THE COST OF THE BENEFIT TO BE TAKEN INTO ACCOUNT TO MAKE THE REDUCTION , AWARDED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE , IS BORNE BY THE COMPETENT INSTITUTIONS OF THE TWO MEMBER STATES CONCERNED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN BY ARTICLE 57 ( 3 ) OF THE SAME REGULATION .
9 THE FIRST POINT TO RECALL IS THAT ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 PROVIDES THAT THE PROVISIONS OF THE LEGISLATION OF A MEMBER STATE FOR THE REDUCTION , SUSPENSION OR WITHDRAWAL OF BENEFIT IN CASES OF OVERLAPPING WITH OTHER SOCIAL SECURITY BENEFITS MAY BE INVOKED ' ' EVEN THOUGH THE RIGHT TO SUCH BENEFITS WAS ACQUIRED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE ' ' .
10 CONSTRUED IN THE LIGHT OF ARTICLES 48 TO 51 OF THE TREATY , WHICH CONSTITUTE THE BASIS , THE