THE ALLOWANCE KNOWN AS AN "ALLOCATION SUPPLEMENTAIRE" (( SUPPLEMENTARY ALLOWANCE )) TO THE RECIPIENTS OF OLD-AGE, SURVIVORS' AND INVALIDITY PENSIONS WHO HAD TAKEN UP RESIDENCE IN ITALY . UNDER THE FRENCH LEGISLATION, THAT SUPPLEMENTARY ALLOWANCE IS PAID TO THE RECIPIENTS OF OLD-AGE OR INVALIDITY BENEFITS WHO HAVE INSUFFICIENT RESOURCES, BUT CEASES TO BE PAID TO THEM WHEN THEY TRANSFER THEIR RESIDENCE OUTSIDE THE TERRITORY OF THE FRENCH REPUBLIC .
3 IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT THE SUPPLEMENTARY ALLOWANCE IS PAID BY THE FONDS NATIONAL DE SOLIDARITE (( NATIONAL SOLIDARITY FUND )) WHICH WAS SET UP IN 1956 WITH A VIEW TO PROMOTING THE WELFARE OF OLD PEOPLE, PARTICULARLY BY IMPROVING PENSIONS AND OLD-AGE ALLOWANCES . THE SUPPLEMENTARY ALLOWANCE IS FINANCED OUT OF TAXATION . THE CONDITIONS FOR ITS GRANT ARE LAID DOWN IN THE CODE DE LA SECURITE SOCIALE (( SOCIAL SECURITY CODE )) ( ARTICLE L 815-1 ET SEQ .).
4 THE JUDGMENTS SUBMITTING THE QUESTIONS DESCRIBED THE SUPPLEMENTARY ALLOWANCE AS A "SOLIDARITY ALLOWANCE WHICH IS FINANCED OUT OF TAXATION, INTENDED TO GUARANTEE A GENERAL MINIMUM MEANS OF SUBSISTENCE, PAID AS A SUPPLEMENT TO ANOTHER BENEFIT, CONTRIBUTORY OR NOT, AND GRANTED ON THE BASIS OF THE APPLICANT' S RESOURCES BUT WITHOUT REGARD TO HIS OCCUPATION AND WHICH MAY UNDER CERTAIN CIRCUMSTANCES BE RECOVERED FROM THE RECIPIENT' S ESTATE ". THE NATIONAL COURT IS UNCERTAIN WHETHER SUCH AN ALLOWANCE FALLS WITHIN THE MATTERS COVERED BY REGULATION NO 1408/71, AS DEFINED IN ARTICLE 4 THEREOF, AND, IF SO, WHETHER OR NOT IT CONSTITUTES A BENEFIT "ACQUIRED" BY THE RECIPIENT WITHIN THE MEANING OF ARTICLE 10 OF THE REGULATION WHERE THE PERSON CONCERNED LEAVES THE TERRITORY OF THE MEMBER STATE WHERE THE INSTITUTION RESPONSIBLE FOR PAYMENT IS SITUATED OR WHERE A PERSON TO WHOM THE ALLOWANCE HAS NOT YET BEEN GRANTED RESIDES IN ANOTHER MEMBER STATE .
5 SEEKING CLARIFICATION AS TO THE INTERPRETATION OF THE ABOVEMENTIONED PROVISIONS, THE COUR DE CASSATION REQUESTED THE COURT TO GIVE A PRELIMINARY RULING :
"( 1 ) ON THE QUESTION WHETHER OR NOT AN ALLOWANCE SUCH AS THE SUPPLEMENTARY ALLOWANCE UNDER THE FONDS NATIONAL DE SOLIDARITE, PROVIDED FOR IN BOOK IX OF THE CODE DE LA SECURITE SOCIALE, FALLS WITHIN THE SCOPE OF REGULATION NO 1408/71 OF 14 JUNE 1971; AND
( 2 ) ON THE MEANING AND SCOPE OF THE WORD 'ACQUIRED' IN ARTICLE 10 ( 1 ) OF THAT REGULATION ."
6 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE FACTS AND THE OBSERVATIONS SUBMITTED IN THE COURSE OF THE WRITTEN PROCEDURE, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
THE FIRST QUESTION
7 IT SHOULD BE NOTED IN THE FIRST PLACE THAT REGULATION NO 1408/71 APPLIES TO THE LEGISLATION OF THE MEMBER STATES ON SOCIAL SECURITY . BY VIRTUE OF ARTICLE 4 ( 2 ), NON-CONTRIBUTORY BENEFITS ARE NOT EXCLUDED FROM THE SCOPE OF THE REGULATION . ACCORDINGLY, THE CLASSIFICATION OF AN ALLOWANCE