Judgment of the Court of 5 October 1978. - Institut national d'assurance maladie-invalidité and Union nationale des fédérations mutualistes neutres v Antonio Viola. - Reference for a preliminary ruling: Cour du travail de Mons - Belgium. - Invalidity pension. - Case 26/78.
European Court reports 1978 Page 01771
Greek special edition Page 00561
Portuguese special edition Page 00611
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - NATIONAL LEGISLATION - RULES AGAINST OVERLAPPING - APPLICATION - CONDITIONS
( REGULATION NO 3 OF THE COUNCIL , ART . 11 ( 2 ))
Summary
1 . THE RESTRICTIONS REFERRED TO IN ARTICLE 11 ( 2 ) OF REGULATION NO 3 APPLY TO INSURED PERSONS ONLY AS REGARDS BENEFITS ACQUIRED BY APPLYING REGULATIONS NOS 3 AND 4 .
2 . IF THE APPLICATION OF THE RELEVANT NATIONAL LEGISLATION IS LESS FAVOURABLE THAN THAT OF THE SYSTEM OF AGGREGATION AND APPORTIONMENT , THE LATTER SYSTEM MUST BE APPLIED .
Parties
IN CASE 26/78
REFERENCE TO THE COURT PURSUANT TO ARTICLE 177 OF THE EEC TREATY BY THE COUR DU TRAVAIL ( LABOUR COURT ), MONS , FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN
INSTITUT NATIONAL D ' ASSURANCE MALADIE-INVALIDITE , BRUSSELS , AND
UNION NATIONALE DES FEDERATIONS MUTUALISTES NEUTRES , BRUSSELS , ON THE ONE HAND
AND
ANTONIO VIOLA , HAVRE ( BELGIUM ), ON THE OTHER ,
Subject of the case
ON THE INTERPRETATION OF ARTICLE 11 OF REGULATION NO 3 AND ARTICLE 9 OF REGULATION NO 4 ( ON SOCIAL SECURITY FOR MIGRANT WORKERS ),
Grounds
1BY A JUDGMENT OF 10 FEBRUARY 1978 WHICH WAS RECEIVED AT THE COURT OF JUSTICE ON 2 MARCH 1978 THE COUR DU TRAVAIL , MONS , PURSUANT TO ARTICLE 177 OF THE EEC TREATY , HAS SUBMITTED TWO QUESTIONS ON THE INTERPRETATION OF ARTICLE 11 OF REGULATION NO 3 OF THE COUNCIL OF 25 SEPTEMBER 1958 ( JOURNAL OFFICIEL 1958 , P . 561 ) AND OF ARTICLE 9 OF REGULATION NO 4 OF THE COUNCIL OF 3 DECEMBER 1958 ( JOURNAL OFFICIEL 1958 , P . 597 ) ON SOCIAL SECURITY FOR MIGRANT WORKERS .
2THE QUESTIONS AROSE IN THE CONTEXT OF A CASE RELATING TO THE CALCULATION BY THE COMPETENT BELGIAN INSTITUTION OF THE INVALIDITY PENSION OF AN ITALIAN NATIONAL , THE PLAINTIFF IN THE MAIN ACTION , WHO HAS WORKED IN ITALY AND IN BELGIUM .
3IN BELGIUM THE WORKER SATISFIED ALL THE CONDITIONS LAID DOWN BY NATIONAL LEGISLATION FOR ACQUISITION OF THE RIGHT TO AN INVALIDITY PENSION UNDER THE COMPULSORY INSURANCE SCHEME AGAINST SICKNESS AND INVALIDITY WITHOUT ITS BEING NECESSARY FOR HIM TO RELY ON PERIODS COMPLETED IN ANOTHER MEMBER STATE .
4ON THE OTHER HAND FOR THE ACQUISITION OF A RIGHT TO BENEFITS IN ITALY HE HAD TO RELY ON THE PROVISIONS OF REGULATION NO 3 AND IN CALCULATING THOSE BENEFITS THE PERIODS ACTUALLY COMPLETED IN THE TWO MEMBER STATES WERE AGGREGATED