( NATIONAL SICKNESS AND INVALIDITY INSURANCE INSTITUTION ) DURING THE MONTH FOLLOWING THE DATE ON WHICH THE DEDUCTION WAS MADE ' .
6 THE BELGIAN GOVERNMENT DOES NOT DENY THAT THE AFOREMENTIONED PROVISIONS ALSO APPLY TO INSURED PERSONS RESIDING IN A MEMBER STATE OTHER THAN BELGIUM AND THAT THEY ARE TO THAT EXTENT CONTRARY TO ARTICLE 33 OF REGULATION NO 1408/71 . WITHOUT MAKING A FORMAL SUBMISSION IT HAS INDICATED THAT IT INTENDS TO ADOPT MEASURES IN ORDER TO CONFORM TO COMMUNITY LAW .
7 MORE PARTICULARLY THE BELGIAN GOVERNMENT STATES THAT ORIGINALLY IT HAD INTENDED TO AMEND THE LEGISLATION IN QUESTION BY REGULATIONS UNDER THE LAW OF 6 JULY 1983 WHICH VESTS CERTAIN SPECIAL POWERS IN THE CROWN . HOWEVER , IT ABANDONED THAT PROCEDURE WHEN IT BECAME APPARENT THAT THE NECESSARY AMENDMENTS FELL OUTSIDE THE SCOPE OF THAT LAW . THE GOVERNMENT THEN DECIDED TO BRING THE NATIONAL LEGISLATION INTO CONFORMITY WITH COMMUNITY LAW BY TWO MEASURES . FIRST IT INTENDED TO GIVE THE INSTITUTIONS RESPONSIBLE FOR THE PAYMENT OF PENSIONS INSTRUCTIONS THAT THEY WERE NO LONGER TO MAKE THE SAID DEDUCTIONS IN RELATION TO INSURED PERSONS RESIDING IN ANOTHER MEMBER STATE . SECONDLY DRAFT LEGISLATION WOULD BE INTRODUCED AS A MATTER OF URGENCY TO ENABLE THE PERSONS CONCERNED TO CLAIM REPAYMENT OF THE SUMS DEDUCTED IN BREACH OF ARTICLE 33 OF REGULATION NO 1408/71 SINCE 1 OCTOBER 1980 , THE DATE ON WHICH THE PROVISIONS IN QUESTION CAME INTO FORCE , BY WAY OF A DEROGATION FROM THE PRINCIPLE OF A THREE-YEAR LIMITATION PERIOD IN RESPECT OF SOCIAL SECURITY MATTERS .
8 IT IS CLEAR FROM THOSE OBSERVATIONS SUBMITTED BY THE BELGIAN GOVERNMENT THEMSELVES THAT THE LEGISLATION IN QUESTION IN ITS PRESENT FORM DOES NOT COMPLY WITH THE REQUIREMENTS OF COMMUNITY LAW .
9 THE BELGIAN GOVERNMENT EXPLAINS THAT ITS DELAY IN CONFORMING TO THE REQUIREMENTS OF ARTICLE 33 OF REGULATION NO 1408/71 IS DUE TO DIFFICULTIES ENCOUNTERED BOTH IN THE CHOICE AND THE DRAWING UP OF THE APPROPRIATE MEASURES .
10 THAT ARGUMENT CANNOT BE ACCEPTED . THE COURT HAS CONSISTENTLY HELD THAT A MEMBER STATE CANNOT PLEAD THE PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS RESULTING FROM COMMUNITY REGULATIONS .
11 IT MUST THEREFORE BE DECLARED THAT , BY DEDUCTING CONTRIBUTIONS FROM STATUTORY OLD-AGE , RETIREMENT , SERVICE-RELATED AND SURVIVORS ' PENSIONS IN RESPECT OF COMMUNITY NATIONALS RESIDING IN ANOTHER MEMBER STATE , THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
Decision on costs
COSTS
12 ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS ; AS THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT
HEREBY :
( 1 ) DECLARES THAT , BY DEDUCTING CONTRIBUTIONS FROM STATUTORY OLD-AGE , RETIREMENT , SERVICE-RELATED AND SURVIVORS