) ( DEALING WITH GENERAL AND SPECIAL SOCIAL SECURITY SCHEMES, WHETHER CONTRIBUTORY OR NON-CONTRIBUTORY ), DOES THE BELGIAN LAW OF 17 JULY 1963 ON OVERSEAS SOCIAL SECURITY, IN PARTICULAR THE FIRST PARAGRAPH OF ARTICLE 51, COME WITHIN THE SCOPE OF REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL, IN PARTICULAR ARTICLE 3*(1 )?
IF IT DOES NOT COME WITHIN THE SCOPE OF THAT REGULATION, DOES THE PRESENT FORMULATION OF THE DISPUTED INTERPRETATION OF THAT BELGIAN LEGISLATION CONSTITUTE 'DISCRIMINATION ON GROUNDS OF NATIONALITY' REFERRED TO IN THE FIRST PARAGRAPH OF ARTICLE 7 OF THE EEC TREATY OR IS IT CONTRARY TO THE LETTER OR SPIRIT OF ARTICLE 51 OF THE EEC TREATY?"
7 MRS SABATO, LIKEWISE AN ITALIAN NATIONAL RESIDING IN BELGIUM, IS THE WIDOW OF AN ITALIAN NATIONAL WHO WORKED IN THE REPUBLIC OF ZAIRE FROM 1968 UNTIL HIS DEATH IN 1970 . DURING THAT PERIOD HE CONTRIBUTED TO THE OVERSEAS SOCIAL SECURITY SCHEME ESTABLISHED BY THE LAW OF 17 JULY 1963 . THE OVERSEAS SOCIAL SECURITY OFFICE GRANTED THE WIDOW A SURVIVOR' S PENSION WHICH, PURSUANT TO ARTICLE 51 OF THE LAW, WAS NOT INDEX-LINKED .
8 CONSIDERING THAT THE FACT THAT HER PENSION WAS NOT INDEX-LINKED CONSTITUTED DISCRIMINATION INCOMPATIBLE WITH REGULATION NO 1408/71 MRS SABATO BROUGHT THE MATTER BEFORE THE TRIBUNAL DU TRAVAIL, CHARLEROI, AND THEN, ON APPEAL, BEFORE THE COUR DU TRAVAIL, MONS, WHICH REFERRED THE FOLLOWING QUESTION TO THE COURT FOR A PRELIMINARY RULING :
"DOES THE OPTIONAL SUPPLEMENTARY SCHEME ESTABLISHED BY THE LAW OF 17 JULY 1963 FOR THE PROVISION OF BENEFITS IN RELATION TO AN ACTIVITY PURSUED IN A COMPLETELY INDEPENDENT COUNTRY SUCH AS ZAIRE FALL WITHIN THE SCOPE OF REGULATION NO 1408/71 AND IS ARTICLE 51 OF THAT LAW COMPATIBLE WITH ARTICLE 51 OF THE TREATY OF ROME?"
9 BY AN ORDER OF 3 OCTOBER 1986 THE COURT JOINED THE TWO CASES FOR THE PURPOSES OF THE ORAL PROCEDURE AND THE JUDGMENT .
10 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE NATIONAL LEGISLATION IN QUESTION, THE FACTS OF THE CASES BEFORE THE NATIONAL COURTS AND THE OBSERVATIONS SUBMITTED TO THE COURT, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
11 IT MUST BE BORNE IN MIND FIRST OF ALL THAT, UNDER ARTICLE 3 ( 1 ) OF REGULATION NO 1408/71, PERSONS RESIDENT IN THE TERRITORY OF ONE OF THE MEMBER STATES TO WHOM THE REGULATION APPLIES ARE TO ENJOY THE SAME BENEFITS UNDER THE LEGISLATION OF ANY MEMBER STATE AS THE NATIONALS OF THAT STATE .
12 THE MAIN PURPOSE OF THE QUESTIONS SUBMITTED BY THE NATIONAL COURTS IS THEREFORE TO ENABLE THEM TO DETERMINE WHETHER THE PROVISIONS OF REGULATION NO 1408/71 ARE APPLICABLE TO THE PLAINTIFFS IN THE CASES BEFORE THEM .
ACCORDING TO ARTICLE 2 ( 1 ) OF REGULATION NO 1408/71, THE REGULATION APPLIES IN PARTICULAR TO EMPLOYED OR SELF-EMPLOYED PERSONS WHO ARE, OR HAVE BEEN, SUBJECT TO THE