VALENTINI ' S ENTITLEMENT TO THE GUARANTEED INCOME ALLOWANCES , THE CONDITIONS OF WHICH HE SATISFIED SOLELY ON THE BASIS OF HIS WORK IN FRANCE . HOWEVER , THE ASSOCIATION DEDUCTED THE ITALIAN OLD-AGE PENSION AMOUNTING TO FF 15 PER DAY FROM THE DAILY SUM PAID TO HIM , SO THAT THE TOTAL OF THE TWO BENEFITS SHOULD NOT EXCEED THE CEILING OF 70% OF THE FORMER DAILY EARNINGS .
9 MR VALENTINI BROUGHT AN ACTION AGAINST THAT METHOD OF CALCULATION BEFORE THE TRIBUNAL DE GRANDE INSTANCE , LYON , WHICH DECIDED TO STAY THE PROCEEDINGS :
' ' UNTIL THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES , INTERPRETING ARTICLE 46 OF REGULATION NO 1408/71 OF 14 JUNE 1971 AND ARTICLE 51 OF THE TREATY OF ROME , HAS DECLARED WHETHER , IN APPLICATION OF THOSE PROVISIONS , A WORKER OF ITALIAN NATIONALITY RESIDING IN FRANCE , WHO HAS BEEN IN RECEIPT OF AN OLD-AGE PENSION PAID IN ITALY SINCE THE AGE OF 60 AND WHO RECEIVES IN FRANCE THE GUARANTEED INCOME OF 70% OF HIS DAILY EARNINGS AS PROVIDED FOR IN THE AMENDMENT OF 13 JUNE 1977 TO THE ANNEX TO THE REGULATION ON ALLOWANCES FOR UNEMPLOYED WORKERS , MAY CLAIM TO HAVE HIS ITALIAN PENSION PAID CONCURRENTLY WITH THE FRENCH ALLOWANCE OF 70% OF HIS DAILY EARNINGS OR WHETHER , ON THE OTHER HAND , THE FRENCH ORGANIZATION WHICH PAYS HIM THE ALLOWANCE , NAMELY THE ASSOCIATION POUR L ' EMPLOI DANS L ' INDUSTRIE ET LE COMMERCE , IS ENTITLED TO DEDUCT FROM THAT ALLOWANCE THE SUMS PAID BY THE ITALIAN INSTITUTION . ' '
10 IT APPEARS FROM THE ORDER OF THE NATIONAL COURT THAT THE QUESTION SUBMITTED ESSENTIALLY SEEKS TO ASCERTAIN WHETHER BENEFITS SUCH AS THE ALLOWANCES UNDER THE GUARANTEED INCOME RETIREMENT SCHEME PROVIDED FOR IN THE RELEVANT FRENCH PROVISIONS FALL WITHIN THE FIELD OF APPLICATION OF ARTICLE 46 OF REGULATION NO 1408/71 IN SUCH A WAY AS TO EXCLUDE THE APPLICATION OF NATIONAL PROVISIONS AGAINST OVERLAPPING . MORE PRECISELY , THERE ARE TWO PARTS TO THE QUESTION : THE FIRST IS INTENDED TO ESTABLISH WHETHER AN ALLOWANCE OF THE TYPE PAID UNDER THE GUARANTEED INCOME SCHEME IS OF THE SAME KIND AS AN OLD-AGE PENSION WITHIN THE MEANING OF THE ABOVE-MENTIONED REGULATION ; THE SECOND PART SEEKS TO ASCERTAIN WHETHER , IN VIEW OF THE NATURE OF THE BENEFITS IN QUESTION AND IN THE LIGHT OF ARTICLE 51 OF THE EEC TREATY , EITHER NATIONAL OR COMMUNITY PROVISIONS AGAINST OVERLAPPING MAY BE APPLICABLE .
11 AS REGARDS A REPLY TO THE FIRST PART OF THE QUESTION , THE DEFENDANT IN THE MAIN PROCEEDINGS , THE FRENCH GOVERNMENT AND THE COMMISSION POINT OUT THAT BENEFITS SUCH AS THOSE ARISING UNDER THE GUARANTEED INCOME RETIREMENT SCHEME IN FRANCE MAY NOT BE REGARDED AS OLD-AGE BENEFITS , EITHER BECAUSE , AS THE ASSOCIATION , LYON , AND THE FRENCH GOVERNMENT MAINTAIN , THE BENEFITS IN QUESTION ARE UNEMPLOYMENT BENEFITS , OR BECAUSE , AS THE COMMISSION