THE PROVISIONS OF NATIONAL LEGISLATION ALONE , INCLUDING THE RULES AGAINST THE AGGREGATION OF BENEFITS , ARE LESS FAVOURABLE TO THE INSURED PERSON THAN THE RULES RELATING TO AGGREGATION AND APPORTIONMENT , IT IS THE LATTER RULES WHICH SHOULD BE APPLIED .
Decision on costs
COSTS
22THE COSTS INCURRED BY THE BELGIAN GOVERNMENT AND BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
23AS 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 NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE COURT DU TRAVAIL , MONS , BY JUDGMENT OF 10 FEBRUARY 1978 , HEREBY RULES :
1 . IN APPLYING THE NATIONAL RULES AGAINST THE OVERLAPPING OF BENEFITS , IT IS FOR THE NATIONAL COURT TO CLASSIFY THE SUPPLEMENT FOR A DEPENDENT SPOUSE AND THE ' ' 13TH MONTH ' ' IN ACCORDANCE WITH THE APPLICABLE NATIONAL LEGISLATION , REGARD BEING HAD TO THE RULES RELATING TO CONFLICT OF LAWS SINCE THE COMMUNITY PROVISIONS ARE NOT RELEVANT .
2 . HOWEVER , 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 .