1944, AND THEN IN THE FEDERAL REPUBLIC OF GERMANY, FROM 1 OCTOBER 1944 TO 12 DECEMBER 1952 .
3 AT THIS LATTER DATE THE GERMAN INSURANCE ORGANIZATION PAID THE WORKER, WHO HAD BECOME DISABLED, SICKNESS INSURANCE BENEFITS AND THEN, AS FROM 1 AUGUST 1954, AWARDED HIM AN INVALIDITY PENSION CALCULATED PRO RATA WITH THE INSURANCE PERIODS COMPLETED IN THE FEDERAL REPUBLIC OF GERMANY .
4 ON THE BASIS OF REGULATIONS NOS 3 AND 4 CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS, THE APPELLANT IN THE MAIN ACTION REQUESTED THE CAISSE PRIMAIRE D'ASSURANCE MALADIE DU HAVRE TO PAY HIM AN INVALIDITY PENSION ON THE BASIS OF HIS FORMER EMPLOYMENT IN FRANCE .
5 THE FRENCH LEGISLATION ON QUESTIONS OF INVALIDITY IS OF TYPE A, THAT IS, LEGISLATION UNDER WHICH BENEFITS ARE CALCULATED WITHOUT REFERENCE TO THE DURATION OF COMPLETED INSURANCE PERIODS .
6 THE AMOUNT OF THE PENSION IS EQUAL TO A PERCENTAGE, WHICH VARIES ACCORDING TO THE DEGREE OF INVALIDITY, OF THE AVERAGE ANNUAL EARNINGS OF THE WORKER DURING THE LAST TEN INSURANCE YEARS PRECEDING THE INTERRUPTION OF WORK ( THE TEN BEST YEARS COMPLETED AFTER 31 DECEMBER 1947, ACCORDING TO A DECREE OF 1972 ).
7 AN INVALIDITY PENSION IS AWARDED TO A WORKER WHO HAS BEEN AFFILIATED FOR TWELVE MONTHS ON THE FIRST DAY OF THE MONTH DURING WHICH THE INTERRUPTION OF WORK FOLLOWED BY THE INVALIDITY OCCURS AND WHO HAS, IN ADDITION, WORKED FOR A CERTAIN MINIMUM PERIOD BEFORE THE MATERIALIZATION OF THE RISK .
8 THE RESPONDENT IN THE MAIN ACTION FOUND THAT THE INDIVIDUAL CONCERNED DID NOT SATISFY THE CONDITIONS NECESSARY FOR THE AWARD OF SUCH A PENSION AND TOOK INTO ACCOUNT, FOR THE PURPOSES OF THE ACQUISITION OF A RIGHT THERETO, THE INSURANCE PERIODS COMPLETED IN THE FEDERAL REPUBLIC OF GERMANY .
9 IT THEREFORE AGGREGATED THE FRENCH AND GERMAN INSURANCE PERIODS, MAKING A TOTAL OF 77 QUARTERLY PERIODS OF WHICH 44 WERE COMPLETED IN FRANCE, CALCULATED THE AMOUNT OF THE PENSION FOR ACCOUNTING PURPOSES IN ACCORDANCE WITH ARTICLE 28 ( 1 ) ( C ) OF REGULATION NO 3 AND AWARDED THE INDIVIDUAL CONCERNED A PENSION CALCULATED PRO RATA WITH THE INSURANCE PERIODS COMPLETED IN FRANCE .
10 THE APPELLANT IN THE MAIN ACTION CHALLENGED THE LEGALITY OF THAT DECISION ON THE GROUNDS THAT IT INFRINGED ARTICLES 27 AND 28 OF REGULATION NO 3 AND, IN PARTICULAR, THAT IT APPLIED ARTICLE 28 ( 1 ) ( B ) AND ( C ) IN A CUMULATIVE MANNER .
11 IN THE OPINION OF THE APPELLANT, ALTHOUGH A PRO RATA CALCULATION IS POSSIBLE IN THE SITUATION REFERRED TO IN SUBPARAGRAPH ( B ), THAT IS, WHERE THE CRITERION ADOPTED FOR THE AWARD OF THE PENSION IS BASED UPON THE DURATION OF INSURANCE, IT IS NOT POSSIBLE IN THE SITUATION REFERRED TO IN SUBPARAGRAPH ( C ), WHERE THE LEGISLATION OF THE STATE IN WHICH THE PENSION IS CLAIMED BASES THE CALCULATION OF BENEFITS ON CRITERIA OTHER THAN THE DURATION OF THE INSURANCE PERIODS .
12 THE