AS AND WHEN THE CONDITIONS REQUIRED BY OTHER LEGISLATIONS TO WHICH THE PERSON CONCERNED HAS BEEN SUBJECT , ARE SATISFIED .
17 THE INTERPRETATION GIVEN TO ARTICLE 30 OF REGULATION NO 4 AS REGARDS THE MAKING OF A NEW CLAIM FOR A PENSION IS EQUALLY VALID IN RESPECT OF ARTICLE 36 ( 1 ) OF REGULATION NO 574/72 .
18 IN FACT THE SUBSTITUTION OF THE WORDS ' IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR BY THE LEGISLATION ADMINISTERED BY THAT INSTITUTION ' FOR THE WORDS ' IN ACCORDANCE WITH THE PROCEDURE SPECIFIED BY THE LEGISLATION OF THE COUNTRY OF PERMANENT RESIDENCE ' USED IN ARTICLE 30 OF REGULATION NO 4 HAS NO BEARING ON THE NECESSITY FOR MAKING A NEW CLAIM .
Decision on costs
COSTS
19 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES WHICH SUBMITTED OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE .
20 AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE TRIBUNAL DU TRAVAIL OF BRUSSELS , IN ITS JUDGMENT OF 6 OCTOBER 1975 , HEREBY RULES :
1 . ARTICLE 28 ( 1 ) ( F ) AND ( G ) OF REGULATION NO 3 , SUBJECT TO THE COMPATIBILITY OF SUBPARAGRAPH ( G ) WITH ARTICLE 51 OF THE TREATY , AS WELL AS ARTICLE 49 OF REGULATION NO 1408/71 , REFER EXCLUSIVELY TO A POSSIBLE ALTERATION OF A BENEFIT GRANTED IN ONE MEMBER STATE ON THE BASIS OF NATIONAL LEGISLATION ALONE , IN A CASE WHERE THE CONDITIONS FOR THE GRANT OF BENEFITS OBTAINED THROUGH THE LEGISLATION OF ANOTHER MEMBER STATE IN WHICH THE PERSON CONCERNED HAS COMPLETED PERIODS ARE SATISFIED LATER . THESE PROVISIONS DO NOT THEREFORE CONCERN THE CALCULATION OR THE CONDITIONS FOR THE GRANT OF THESE LATER BENEFITS .
2 . WHEN A MIGRANT WORKER HAS MADE A CLAIM FOR INVALIDITY BENEFIT TO THE INSTITUTION OF THE PLACE OF HIS PERMANENT RESIDENCE AND IN ACCORDANCE WITH THE PROCEDURE SPECIFIED BY THE LEGISLATION OF THE SAID PLACE , AS PRESCRIBED BY ARTICLE 30 ( 1 ) OF REGULATION NO 4 , OR SPECIFIED BY THE LEGISLATION APPLIED BY THAT INSTITUTION , AS IS PRESCRIBED BY ARTICLE 36 ( 1 ) OF REGULATION NO 574/72 , THERE IS NO NEED TO MAKE A NEW CLAIM IN ANOTHER MEMBER STATE EVEN IF , AT THE TIME OF THE MAKING OF HIS CLAIM HE DID NOT YET SATISFY ALL THE FUNDAMENTAL CONDITIONS REQUIRED BY THE LEGISLATION OF THE SECOND STATE FOR A GRANT OF THE BENEFIT .