1408/71 AND AN OCCUPATIONAL DISEASE BENEFIT .
4 THE TWO ITALIAN BENEFITS WERE SET OFF AGAINST THE BELGIAN BENEFIT PURSUANT TO ARTICLE 70 ( 2 ) OF THE BELGIAN LAW OF 9 AUGUST 1963 . THAT REDUCTION , PURSUANT TO A BELGIAN PROVISION AGAINST THE OVERLAPPING OF BENEFITS , WAS MORE FAVOURABLE TO MR CINCIUOLO THAN THAT RESULTING FROM THE APPLICATION OF THE AGGREGATION AND APPORTIONMENT PRINCIPLES CONTAINED IN ARTICLE 46 ( 2 ) OF REGULATION NO 1408/71 AND IS NOT CHALLENGED BY HIM .
5 FOLLOWING THE INCREASE AS FROM 1 JULY 1977 IN THE ITALIAN OCCUPATIONAL DISEASE BENEFIT THE INSTITUT NATIONAL REDUCED THE BELGIAN BENEFIT BY A CORRESPONDING AMOUNT AS FROM THE SAME DATE . AFTER A FURTHER INCREASE IN THE ITALIAN BENEFIT ON 1 JULY 1980 THE INSTITUT NATIONAL AGAIN REDUCED THE BELGIAN BENEFIT .
6 MR CINCIUOLO CHALLENGED THE TWO REDUCTIONS BEFORE THE TRIBUNAL DU TRAVAIL , BRUSSELS , ON THE GROUND THAT THEY HAD BEEN MADE IN BREACH OF ARTICLE 51 ( 1 ) OF REGULATION NO 1408/71 . THE INSTITUT NATIONAL CONTENDED THAT ARTICLE 51 APPLIED ONLY TO PENSIONS AND THAT THERE WAS NO QUESTION OF EXTENDING ITS APPLICATION TO BENEFITS OF ANOTHER KIND .
7 THE TRIBUNAL DU TRAVAIL STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTION TO THE COURT FOR A PRELIMINARY RULING :
' ' DOES ARTICLE 51 ( 1 ) OF REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971 APPLY SOLELY TO THE INVALIDITY , OLD-AGE AND SURVIVOR ' S PENSIONS REFERRED TO IN ARTICLE 46 OR DOES IT ALSO APPLY TO BENEFITS OF A DIFFERENT NATURE , SUCH AS THOSE IN RESPECT OF ACCIDENTS AT WORK OR OCCUPATIONAL DISEASE , WHICH , BY VIRTUE OF THE NATIONAL RULES AGAINST THE OVERLAPPING OF BENEFITS , ORIGINALLY AFFECTED THE AMOUNT OF THE PENSION FIXED PURSUANT TO ARTICLE 46 AND ANY SUBSEQUENT ADJUSTMENTS TO WHICH MIGHT AGAIN AFFECT THAT PENSION?
IN OTHER WORDS , IS IT NECESSARY TO RECALCULATE THE PENSION PURSUANT TO ARTICLE 46 IN THE EVENT OF AN ADJUSTMENT BEING MADE TO THE AMOUNT OF A BENEFIT IN RESPECT OF OCCUPATIONAL DISEASE WHICH IS NOT AGGREGABLE OR IS PARTIALLY AGGREGABLE WITH THE PENSION?
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8 IN ORDER TO ANSWER THAT QUESTION IT IS NECESSARY TO INTERPRET ARTICLE 51 OF REGULATION NO 1408/71 IN THE LIGHT OF ITS WORDING , CONTEXT AND OBJECTIVES .
9 ARTICLE 51 ( 1 ) PROVIDES THAT IF , BY REASON OF AN INCREASE IN THE COST OF LIVING OR CHANGES IN THE LEVEL OF WAGES OR SALARIES OR OTHER REASONS FOR ADJUSTMENT , THE BENEFITS OF THE STATES CONCERNED ARE ALTERED BY A FIXED PERCENTAGE OR AMOUNT , SUCH PERCENTAGE OR AMOUNT MUST BE APPLIED DIRECTLY TO THE ' ' BENEFITS DETERMINED UNDER THE PROVISIONS OF ARTICLE 46 ' ' , WITHOUT THE NEED FOR A RECALCULATION IN ACCORDANCE WITH THE PROVISIONS OF THAT ARTICLE . ON THE OTHER HAND , ARTICLE 51 ( 2 ) PROVIDES THAT IF THE METHOD OF