AND THE ITALIAN BENEFITS WERE APPORTIONED .
5ON BEING INFORMED OF THE AWARD OF APPORTIONED ITALIAN BENEFITS THE BELGIAN INSTITUTION , HAVING REGARD TO THE RULES AGAINST THE AGGREGATION OF BENEFITS CONTAINED IN ARTICLE 70 ( 2 ) OF THE BELGIAN LAW OF 9 AUGUST 1963 ON THE ESTABLISHMENT AND ORGANIZATION OF A SCHEME OF COMPULSORY INSURANCE AGAINST SICKNESS AND INVALIDITY , RAISED THE PROBLEM OF THE OVERLAPPING OF THE BENEFITS .
6ON APPEAL THE CASE WAS BROUGHT BEFORE THE COUR DU TRAVAIL , MONS , WHICH , BY A FIRST JUDGMENT OF 25 JUNE 1976 , RULED THAT MR VIOLA COULD NOT RECEIVE THE BELGIAN BENEFITS FOR INCAPACITY FOR WORK IN ADDITION TO THE INVALIDITY PENSION PAID BY THE ITALIAN AUTHORITIES BUT THAT THE RIGHT TO CLAIM A REFUND OF THE SUMS PAID BEFORE 1 MAY 1969 WAS TIME-BARRED ; IT THEREFORE ORDERED THAT THE PROCEEDINGS BE REOPENED TO ENABLE THE PARTIES TO THE MAIN ACTION TO DETERMINE THE AMOUNT OF THE SUMS PAID TO MR VIOLA BY THE ITALIAN INSTITUTION FROM 1 MAY 1969 TO 30 APRIL 1971 .
7THE JUDGMENT OF 25 JUNE 1976 LEFT UNANSWERED THE QUESTION WHETHER , FOR THE APPLICATION OF THE BELGIAN RULES AGAINST THE OVERLAPPING OF BENEFITS , THE PENSION SUPPLEMENTS FOR A DEPENDENT SPOUSE AND THE ANNUAL SUPPLEMENT AWARDED AT CHRISTMAS TIME , PROVIDED FOR BY THE ITALIAN LEGISLATION , WERE AN INTEGRAL PART OF THE INVALIDITY PENSION AND IN ORDER TO RESOLVE THIS PROBLEM THE COUR DU TRAVAIL , MONS , BY A SECOND JUDGMENT OF 10 FEBRUARY 1978 , REFERRED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
1 . DOES THE SUPPLEMENTARY ALLOWANCE FOR A DEPENDENT SPOUSE GRANTED BY THE ITALIAN LEGISLATION IN FORCE BETWEEN 1 MAY 1969 AND 30 APRIL 1971 FORM AN INTEGRAL PART OF THE ITALIAN INVALIDITY PENSION FOR THE PURPOSE OF APPLYING THE RULES ABOUT OVERLAPPING BENEFITS LAID DOWN IN ARTICLE 11 OF REGULATION NO 3 AND ARTICLE 9 OF REGULATION NO 4?
2 . SHOULD THE PAYMENT OF A ' ' 13TH MONTH ' ' MADE TO THE RESPONDENT BY THE INPS IN 1969 AND 1970 , UNDER THE ITALIAN LEGISLATION OF 4 APRIL 1952 , BE TREATED AS PART OF THE PENSION FOR THE PURPOSE OF APPLYING THE RULES ABOUT OVERLAPPING BENEFITS LAID DOWN IN EUROPEAN REGULATIONS NO 3 AND NO 4?
8ACCORDING TO ARTICLE 26 OF REGULATION NO 3 , ARTICLES 27 AND 28 RELATING TO OLD-AGE AND DEATH PENSIONS SHALL APPLY BY ANALOGY TO THE PAYMENT OF INVALIDITY BENEFITS WHEN THE INSURED HAS COMPLETED PERIODS UNDER DIFFERENT LEGISLATIVE SYSTEMS OF WHICH AT LEAST ONE IS OF TYPE B .
9THE REGULATIONS IN THE FIELD OF SOCIAL SECURITY HAVE AS THEIR BASIS , THEIR FRAMEWORK AND THEIR BOUNDS ARTICLES 48 TO 51 OF THE TREATY , WHICH ARE INTENDED TO SECURE FREEDOM OF MOVEMENT FOR WORKERS .
10FROM THIS POINT OF VIEW , ARTICLE 51 OF THE TREATY AND ARTICLE 27 OF REGULATION NO 3 REFER