LAW AND THE OBSERVATIONS SUBMITTED TO THE COURT, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
8 IT SHOULD BE RECALLED FIRST OF ALL THAT IN PROCEEDINGS BROUGHT UNDER ARTICLE 177 OF THE EEC TREATY THE COURT HAS NO JURISDICTION TO APPLY THE RULES OF COMMUNITY LAW TO A SPECIFIC CASE NOR, CONSEQUENTLY, TO CLASSIFY PROVISIONS OF NATIONAL LAW WITH RESPECT TO SUCH A RULE . IT MAY, HOWEVER, PROVIDE THE NATIONAL COURT WITH AN INTERPRETATION OF ALL RELEVANT PROVISIONS OF COMMUNITY LAW WHICH MIGHT BE USEFUL IN ASSESSING THE EFFECTS OF SUCH PROVISIONS OF NATIONAL LAW .
9 HAVING REGARD TO THE CONTENTS OF THE FILE RELATING TO THE MAIN PROCEEDINGS, THE PRELIMINARY QUESTION MUST BE UNDERSTOOD AS ASKING WHETHER A SURVIVOR' S PENSION ACQUIRED UNDER THE LEGISLATION OF A MEMBER STATE AND AN OLD-AGE PENSION ACQUIRED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE ARE "BENEFITS OF THE SAME KIND" WITHIN THE MEANING OF ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 IN SO FAR AS BOTH PENSIONS ARE INTENDED TO ENSURE THAT THE SURVIVING SPOUSE WHO HAS ATTAINED A CERTAIN AGE AND TO WHOM THE PENSIONS ARE AWARDED ON THE BASIS OF THE PERIODS OF INSURANCE COMPLETED BY THE DECEASED SPOUSE HAS THE MEANS OF SUBSISTENCE .
10 IN THIS REGARD, IT MUST BE BORNE IN MIND THAT, ACCORDING TO THE CONSISTENT CASE-LAW OF THE COURT ( SEE MOST RECENTLY THE JUDGMENT OF 5 JULY 1983 IN CASE 171/82 VALENTINI V ASSEDIC (( 1983 )) ECR 2157 ), SOCIAL SECURITY BENEFITS MUST BE REGARDED AS BEING OF THE SAME KIND WHEN THEIR PURPOSE AND OBJECT TOGETHER WITH THE BASIS ON WHICH THEY ARE CALCULATED AND THE CONDITIONS FOR GRANTING THEM ARE IDENTICAL, IRRESPECTIVE OF CHARACTERISTICS PECULIAR TO THE VARIOUS NATIONAL LAWS . ON THE OTHER HAND, THE SAME CASE ESTABLISHES THAT CHARACTERISTICS WHICH ARE PURELY FORMAL MUST NOT BE CONSIDERED RELEVANT CRITERIA FOR THE CLASSIFICATION OF THE BENEFITS .
11 AS REGARDS THE PURPOSE AND OBJECTIVE OF THE BENEFITS, IT NEED ONLY BE STATED, AS THE COURT ALSO HELD IN ITS JUDGMENT OF 5 MAY 1983 IN CASE 238/81 RAAD VAN ARBEID V VAN DER BUNT-CRAIG (( 1983 )) ECR 1385, THAT BENEFITS ACQUIRED UNDER THE LEGISLATION OF TWO MEMBER STATES WHICH SEEK TO ENSURE THAT AN AGED PERSON DEPRIVED OF THE INCOME OF HIS OR HER DECEASED SPOUSE HAS SUFFICIENT MEANS OF SUBSISTENCE HAVE THE SAME PURPOSE . THE FACT, WHICH WAS STRESSED BY THE PENSION OFFICE, THAT ONLY ONE OF THESE BENEFITS, IN THIS CASE THE OLD-AGE PENSION, IS INTENDED TO ENSURE THAT ITS RECIPIENT HAS SUFFICIENT INCOME, WHEREAS THE OTHER, THE SURVIVOR' S PENSION, DEPENDS SOLELY ON THE PERIOD OF INSURANCE AND THE SALARY OF THE DECEASED SPOUSE, IS NOT SUCH AS TO INDUCE A DIFFERENT ASSESSMENT .
12 AS REGARDS THE BASIS FOR CALCULATION AND THE CONDITIONS FOR THE AWARD OF THE BENEFITS, IT MUST BE CONSIDERED THAT THEY ARE IDENTICAL