OR RATIOS SHALL BE DETERMINED FOR THE CALCULATION OF THE BENEFITS PAYABLE BY THE INSTITUTION OF THAT STATE, TAKING INTO ACCOUNT ONLY THE INSURANCE PERIODS AND ASSIMILATED PERIODS COMPLETED UNDER THE LEGISLATION OF THE SAID MEMBER STATE, OR TAKING INTO ACCOUNT THE GROSS WAGE OF THE PERSON CONCERNED IN RESPECT OF SUCH PERIODS ...'.
17 ACCORDING TO THE FIRST WORDS OF SUBPARAGRAPH ( B ) A PRO RATA CALCULATION SHALL BE CARRIED OUT IN EVERY CASE IN WHICH THE RIGHT TO A PENSION IS ACQUIRED UNDER SUBPARAGRAPH ( A ); ITS PURPOSE IS THEREFORE TO DETERMINE THE AMOUNT OF THE BENEFIT, THE RIGHT TO WHICH WOULD NOT HAVE BEEN ACQUIRED WITHOUT THE PROCESS OF AGGREGATION .
18 ON THE OTHER HAND, THE SOLE PURPOSE OF SUBPARAGRAPH ( C ) IS TO FREE THE RELEVANT INSTITUTIONS OF MEMBER STATES IN WHICH A PENSION MUST BE CALCULATED ON THE BASIS OF AN AVERAGE WAGE, AN AVERAGE CONTRIBUTION OR AN AVERAGE INCREASE, OF THE OBLIGATION TO TAKE INTO ACCOUNT, IN ORDER TO DETERMINE THAT AVERAGE, THE WAGES RECEIVED, THE CONTRIBUTIONS PAID OR THE INCREASES GRANTED IN ANOTHER MEMBER STATE .
19 AS A RESULT, THAT SUBPARAGRAPH DOES NOT DEPART FROM THE RULE LAID DOWN IN THE PRECEDING SUBPARAGRAPHS, ACCORDING TO WHICH THE COROLLARY OF THE AGGREGATION OF INSURANCE PERIODS AND ASSIMILATED PERIODS COMPLETED UNDER THE LEGISLATION OF EACH OF THE MEMBER STATES IN QUESTION IS A PRO RATA CALCULATION BY EACH OF THE RELEVANT INSTITUTIONS OF THE AMOUNTS OF THE BENEFITS .
20 THEREFORE, THE ANSWER TO BE GIVEN TO THE QUESTION REFERRED TO THE COURT MUST BE THAT IN CIRCUMSTANCES IN WHICH FOR AN INSURED PERSON WHO HAS BEEN SUCCESSIVELY SUBJECT TO THE LEGISLATION OF TWO MEMBER STATES TO ACQUIRE A RIGHT TO AN INVALIDITY PENSION IT WAS NECESSARY TO TAKE INTO ACCOUNT THE INSURANCE PERIODS COMPLETED IN ONE OF THESE STATES AS SUCH INSURED PERSON DID NOT FULFIL THE CONDITIONS LAID DOWN IN THE OTHER FOR ENTITLEMENT THERETO AND WHERE, UNDER THE LEGISLATION OF THIS LATTER STATE, THE CALCULATION OF BENEFITS IS BASED UPON AN AVERAGE WAGE OR AN AVERAGE CONTRIBUTION, WITHOUT REGARD TO THE LENGTH OF THE PERIOD OF EMPLOYMENT, THE PRO RATA CALCULATION MUST BE MADE AFTER AGGREGATION OF ALL THE INSURANCE PERIODS, AS PROVIDED IN ARTICLE 28 ( 1 ) ( B ) OF REGULATION NO 3 .
Decision on costs
21 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE AND AS, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, THESE PROCEEDINGS ARE IN THE NATURE OF A STEP IN THE ACTION BEFORE THE NATIONAL COURT, THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN REPLY TO THE QUESTION REFERRED TO IT BY THE COUR DE CASSATION OF FRANCE IN ACCORDANCE WITH THE JUDGMENT OF THAT COURT OF 11 JUNE 1975, HEREBY RULES :
IN CIRCUMSTANCES IN WHICH FOR AN INSURED PERSON WHO HAS