HAVE ATTAINED THE AGE OF 55 YEARS .
6 IN ORDER TO JUSTIFY THIS REFUSAL, THE LUXEMBOURG INSTITUTION RELIED BEFORE THE COUR SUPERIEURE DE JUSTICE SITTING AS A COUR DE CASSATION ON THREE SUBMISSIONS BASED ON THE ONE HAND ON ARTICLE 12 OF REGULATION NO 3 AND ON THE OTHER HAND ON ARTICLE 51 OF THE TREATY AND ARTICLES 27 AND 28 OF THE SAME REGULATION .
7 THE THREE QUESTIONS RAISED BY THE COUR SUPERIEURE DE JUSTICE ARE DIRECTED TOWARDS OBTAINING AN INTERPRETATION OF THESE PROVISIONS IN ORDER TO EVALUATE THE THREE SUBMISSIONS RELIED UPON BY THE LUXEMBOURG INSTITUTION .
8 BEFORE COMMENCING AN EXAMINATION OF EACH OF THE QUESTIONS RAISED, CERTAIN REMARKS OF A GENERAL NATURE SHOULD BE MADE .
9 IN ORDER TO DEFINE THE MEANING AND SCOPE OF REGULATION NO 3, IT MUST BE INTERPRETED IN THE LIGHT OF ARTICLES 48 TO 51 OF THE TREATY WHICH CONSTITUTE THE BASIS, THE FRAMEWORK AND THE BOUNDS OF THE SOCIAL SECURITY REGULATIONS .
10 SINCE THOSE ARTICLES ARE INTENDED TO ENSURE FREEDOM OF MOVEMENT FOR WORKERS BY CONFERRING ON THEM CERTAIN RIGHTS, TO REDUCE THE RIGHTS OF WORKERS WITHOUT CONFERRING UPON THEM THE COMPENSATING BENEFITS PRESCRIBED IN THE REGULATIONS WOULD BE TO DEPART FROM THE PURPOSE AND FRAMEWORK OF THE SAID PROVISIONS .
11 IN CASES IN WHICH THE REGULATIONS CONFER ON WORKERS SOCIAL SECURITY BENEFITS WHICH THEY WOULD OTHERWISE BE UNABLE TO OBTAIN, LIMITATIONS MAY BE IMPOSED ON THEM CORRESPONDING TO THE ADVANTAGES WHICH THEY DERIVE THEREFROM .
12 IN THE ABSENCE OF SUCH A COUNTERBALANCE, SUCH LIMITATIONS CANNOT BE JUSTIFIED SINCE THEY WOULD RESULT IN PLACING THE WORKER IN A SITUATION LESS FAVOURABLE THAN THAT WHICH, WERE IT NOT FOR THE REGULATIONS, WOULD FOLLOW FROM THE APPLICATION OF NATIONAL LAW .
THE FIRST QUESTION
13 THE FIRST QUESTION ASKS WHETHER REGULATION NO 3 AND MORE ESPECIALLY ARTICLE 12 ACCORDING TO WHICH WAGE-EARNERS EMPLOYED IN THE TERRITORY OF ONE MEMBER STATE SHALL BE SUBJECT TO THE LEGISLATION OF THAT STATE MAY AFFECT A PROVISION OF THE INTERNAL LEGISLATION OF A MEMBER STATE PROVIDING THAT IN CASE OF SUCCESSIVE ALTERNATIVE OR CUMULATIVE AFFILIATIONS TO CONTRIBUTORY PENSIONS SCHEMES, SPECIAL INCREASES IN PENSIONS BECAUSE OF THE PREMATURE DEATH OF A PERSON AFFILIATED MUST BE PAID BY THE PENSIONS INSTITUTION TO WHICH THE INSURED PERSON WAS LAST AFFILIATED, AND, ACCORDING TO THE CIRCUMSTANCES, HAVE THE EFFECT OF FREEING THE INSTITUTION THUS DESIGNATED AT NATIONAL LEVEL BY NATIONAL LEGISLATION, FROM ITS OBLIGATION TO BEAR THE RELEVANT SPECIAL INCREASES .
14 MORE SPECIFICALLY IT IS ASKED WHAT IS THE REPLY TO BE GIVEN WHEN IN A FIRST STATE THE RIGHT TO THE INCREASE IS ACQUIRED BY VIRTUE OF NATIONAL LEGISLATION ALONE, AND WITHOUT THERE BEING ANY NEED TO HAVE RECOURSE TO THE SO-CALLED AGGREGATION PROCEDURE, WHILST IN A SECOND STATE IN WHICH THERE HAS BEEN A SUBSEQUENT AFFILIATION, THE RIGHT IS ACQUIRED ONLY THROUGH RECOURSE TO AGGREGATION .
15 THE PURPOSE OF ARTICLE 12 OF REGULATION NO 3, ACCORDING TO WHICH THE WORKER