IN CASE OF THE OVERLAPPING OF BENEFITS OF THE SAME KIND , THE METHOD OF CURRENCY CONVERSION PROVIDED FOR BY ARTICLE 107 OF REGULATION NO 574/72 OF THE COUNCIL MUST BE APPLIED FOR THE IMPLEMENTATION OF THE NATIONAL RULES AGAINST OVERLAPPING BENEFITS .
18 BOTH FROM THE OBJECT AND FROM THE WORDING OF REGULATION ( EEC ) NO 2639/74 OF THE COUNCIL OF 15 OCTOBER 1974 ( OFFICIAL JOURNAL L 283 , P . 1 ) AMENDING REGULATION NO 574/72 FIXING THE PROCEDURE FOR IMPLEMENTING REGULATION ( EEC ) NO 1408/71 , IT APPEARS THAT ARTICLE 107 OF THAT REGULATION SEEKS TO FIX THE RATE OF CONVERSION OF SUMS EXPRESSED IN ONE NATIONAL CURRENCY INTO ANOTHER ONLY IN ORDER TO ALLOW THE APPLICATION OF THE PROVISIONS OF REGULATION NO 1408/71 .
19 IN RELATION TO THE APPLICABILITY OF THAT PROVISION IN THE EVENT OF THE OVERLAPPING OF BENEFITS OF THE SAME KIND FOR THE IMPLEMENTATION OF RULES AGAINST OVERLAPPING , IT IS CLEAR FROM THE FOREGOING THAT ARTICLE 107 CAN BE APPLIED ONLY IN THE EVENT OF BENEFITS ' HAVING BEEN AWARDED TO THE BENEFICIARY ON THE BASIS OF ARTICLE 46 OF REGULATION NO 1408/71 , WHERE THAT SOLUTION IS MORE FAVOURABLE TO HIM THAN THE RESULT OF THE STRAIGHTFORWARD APPLICATION OF NATIONAL RULES . ON THE OTHER HAND WHEN ENTITLEMENTS ARE CALCULATED ON THE BASIS OF NATIONAL RULES ALONE , ARTICLE 107 OF REGULATION NO 574/72 CANNOT BE APPLIED AND THE CURRENCY EXCHANGE RATES REMAIN AS DETERMINED BY NATIONAL RULES .
20 THE SECOND QUESTION MAY THEREFORE BE ANSWERED AS FOLLOWS : WHERE BENEFITS OF THE SAME KIND ARE GRANTED OR AWARDED IN DIFFERENT MEMBER STATES ON THE BASIS OF ANALOGOUS NATIONAL RULES , WITHOUT ANY REFERENCE TO THE PROVISIONS OF REGULATION NO 1408/71 THERE ARE NO GROUNDS FOR APPLYING THE METHOD OF CURRENCY CONVERSION SET OUT IN ARTICLE 107 OF REGULATION NO 574/72 .
THIRD QUESTION
21 THE THIRD QUESTION SEEKS , IN ESSENCE , TO ESTABLISH WHETHER , REGARD BEING HAD TO THE VARIATIONS IN RATES OF CONVERSION BETWEEN CURRENCIES , COMMUNITY LAW REQUIRES A PERIODICAL RECALCULATION OF BENEFITS WHOSE AMOUNT HAS BEEN DETERMINED BY TAKING INTO ACCOUNT A BENEFIT ACQUIRED IN ANOTHER MEMBER STATE , WHETHER BY APPLICATION OF NATIONAL LEGISLATION RELATING TO THE GRANT AND OVERLAPPING OF BENEFITS OR IN APPLICATION OF THE PROVISIONS OF ARTICLE 46 OF REGULATION NO 1408/71 .
22 IN THE FIRST CIRCUMSTANCES ENVISAGED , NAMELY WHERE BENEFITS PAID TO THE WORKER ARE EXCLUSIVELY AWARDED UNDER THE PROVISIONS OF NATIONAL LAW , NO PROVISION OF COMMUNITY LAW REQUIRING A PERIODICAL RECALCULATION ACCORDING TO THE RATES OF CURRENCY CONVERSION IS APPLICABLE .
23 IN THE SECOND SET OF CIRCUMSTANCES , NAMELY WHERE BENEFITS ARE AWARDED UNDER ARTICLE 46 OF REGULATION 1408/71 , IT IS ARTICLE 51 OF THAT REGULATION WHICH FIXES THE CONDITIONS FOR THE REVALORIZATION AND THE RECALCULATION OF THE BENEFITS . THAT ARTICLE PROVIDES :
' ' ( 1 ) IF , BY REASON OF AN INCREASE IN THE COST