RESPECT OF NOTIONAL PERIODS IN ANOTHER MEMBER STATE . IN THESE CIRCUMSTANCES IT MUST BE PERMISSIBLE FOR A STATE WHOSE LEGISLATION PROVIDES FOR NOTIONAL PERIODS IN FAVOUR OF THE INSURED PERSON TO DEDUCT FROM SUCH PERIODS THE PERIODS ACTUALLY COMPLETED IN ANOTHER MEMBER STATE, WITHOUT ITS BEING POSSIBLE TO CONSIDER THIS PROCEDURE AS CONTRARY TO ARTICLE 51 OF THE TREATY . HOWEVER, IT IS FOR THE NATIONAL AUTHORITY TO WHICH THE SOCIAL SECURITY INSTITUTION IS RESPONSIBLE, AND NOT THE COMMUNITY AUTHORITY, TO DECIDE ON THIS ON THE BASIS OF ITS OWN LEGISLATION .
ON THE OTHER HAND, AS THE COMMISSION SUGGESTS, IN THE CASE OF A MIGRANT WORKER WHO HAS HAD TO AGGREGATE PERIODS COMPLETED ABROAD IN ORDER TO ACQUIRE A RIGHT TO BENEFIT, ARTICLES 27 AND 28 OF REGULATION NO 3 APPLY .
Decision on costs
THE COST INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE AND AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE BELGIAN CONSEIL D' ETAT, THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE BELGIAN CONSEIL D' ETAT, ADMINISTRATIVE LAW SECTION, 6TH CHAMBER, BY JUDGMENT OF THAT COURT DATED 24 MARCH 1967, HEREBY RULES :
1 . THE APPLICATION TO A MIGRANT WORKER OF THE PROVISIONS OF ARTICLES 27 AND 28 OF REGULATION NO 3 DOES NOT DEPEND UPON THE FREE CHOICE OF THE PERSON CONCERNED BUT ON HIS OBJECTIVE SITUATION;
2 . AT LEAST IN THOSE SYSTEMS BASED ON INSURANCE PERIODS UNDER WHICH THE RETIREMENT PENSION VARIES IN PROPORTION SOLELY TO THE INSURANCE PERIODS WHICH HAVE BEEN COMPLETED, ARTICLES 27 AND 28 OF REGULATION NO 3 DO NOT APPLY TO A MIGRANT WORKER WHO, IN ORDER TO ACQUIRE THE RIGHT TO BENEFIT, DOES NOT HAVE TO RESORT TO AGGREGATION IN ANY OF THE MEMBER STATES IN WHICH HE HAS COMPLETED INSURANCE PERIODS;
3 . THE DECISION AS TO COSTS IS A MATTER FOR THE BELGIAN CONSEIL D' ETAT .