VIRTUE OF THE LEGISLATION OF OTHER STATES . THIS INTERPRETATION FINDS SUPPORT IN ARTICLE 27(1 ) WHICH PROVIDES FOR AGGREGATION ONLY ' FOR THE ACQUISITION, MAINTENANCE OR RECOVERY OF THE RIGHT TO BENEFIT ', BUT NOT FOR ' CALCULATING THE AMOUNT OF BENEFIT ', THE EXPRESSION USED IN ARTICLE 51 OF THE TREATY . IN FACT, THAT WORDING SEEMS TO LIMIT AGGREGATION TO CASES IN WHICH IT IS NECESSARY IN ORDER TO ESTABLISH A RIGHT TO BENEFIT AND TO EXCLUDE IT IN CASES WHERE IT WOULD HAVE THE EFFECT SIMPLY OF MAINTAINING OR VARYING THE CONTENT OF A RIGHT ALREADY ACQUIRED BY VIRTUE OF NATIONAL LEGISLATION ALONE .
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( 2 ) IN VIEW OF THE DIFFICULTIES OF INTERPRETATION OF THESE PROVISIONS IT IS NECESSARY TO CONSIDER THEM IN THE LIGHT OF ARTICLES 48 TO 51 OF THE TREATY WHICH THE REGULATIONS IN THE FIELD OF SOCIAL SECURITY HAVE AS THEIR BASIS, THEIR FRAMEWORK AND THEIR BOUNDS .
THESE PROVISIONS ARE AIMED AT SECURING ' FREEDOM OF MOVEMENT FOR WORKERS ', PARTICULARLY BY ' THE ABOLITION OF ANY DISCRIMINATION BASED ON NATIONALITY BETWEEN WORKERS OF THE MEMBER STATES AS REGARDS EMPLOYMENT, REMUNERATION AND OTHER CONDITIONS OF WORK AND EMPLOYMENT '. MORE PARTICULARLY, ARTICLE 51 SPECIFIES THAT THE REGULATIONS ADOPTED IN IMPLEMENTATION THEREOF MUST MAKE ' ARRANGEMENTS TO SECURE FOR MIGRANT WORKERS...AGGREGATION, FOR THE PURPOSE OF ACQUIRING AND RETAINING THE RIGHT TO BENEFIT AND OF CALCULATING THE AMOUNT OF BENEFIT, OF ALL PERIODS TAKEN INTO ACCOUNT UNDER THE LAWS OF THE SEVERAL COUNTRIES '. THESE PROVISIONS ESTABLISH AT THE OUTSET THAT THE SAID REGULATIONS, REGARDED AS A WHOLE, ARE INTENDED, IN CERTAIN CIRCUMSTANCES, TO BENEFIT THE MIGRANT WORKER AS COMPARED WITH THE SITUATION WHICH WOULD RESULT FOR HIM FROM THE EXCLUSIVE APPLICATION OF NATIONAL LAW . IN CASE OF DOUBT THESE REGULATIONS MUST THEREFORE BE INTERPRETED IN THE LIGHT OF THIS OBJECTIVE .
IT FOLLOWS FROM ITS VERY WORDING THAT ARTICLE 51 REFERS ABOVE ALL TO CASES IN WHICH THE LEGISLATION OF ONE MEMBER STATE BY ITSELF WOULD NOT ENABLE AN INSURED PERSON TO QUALIFY FOR THE RIGHT TO BENEFIT BECAUSE OF AN INSUFFICIENT NUMBER OF PERIODS COMPLETED UNDER THAT LEGISLATION . IN SUCH A CASE IT SEEKS TO REQUIRE TO TAKE INTO ACCOUNT THE PERIODS COMPLETED UNDER THE SYSTEMS OF OTHER MEMBER STATES AND TO PAY BENEFIT IN SO FAR AS THE TOTAL OF THE PERIODS THUS ADDED TOGETHER EQUALS OR EXCEEDS THE MINIMUM NUMBER OF PERIODS PROVIDED FOR BY THE LEGISLATION OF THE SAID STATE . HOWEVER, IF SUCH BENEFIT IS NOT TO CONFER UNJUSTIFIED ADVANTAGES UPON THE PERSON INSURED, IT CANNOT, UNDER THE TERMS OF ARTICLE 28(1)(B ) OF REGULATION NO 3, EXCEED THE ' ( AMOUNT DUE ) PRO RATA WITH THE LENGTH OF THE PERIODS COMPLETED UNDER THE SAID LEGISLATION...AS COMPARED WITH THE TOTAL LENGTH OF THE PERIODS COMPLETED UNDER THE LEGISLATION OF ALL THE MEMBER STATES CONCERNED '. THUS THE POWER TO MAKE A PROPORTIONAL CALCULATION, WHICH IS PROVIDED FOR BY THE ABOVE-MENTIONED PROVISION, WHILST