C-28/71
ECLI:EU:C:1971:106
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JUDGMENT OF THE COURT 10 NOVEMBER 1971 1
Eugen Höhn v Caisse Régionale d'Assurance Vieillesse des Travailleurs Salaries de Strasbourg (Reference for a preliminary ruling by the Commission de Première Instance du Contentieux de la Sécurité Sociale et de la Mutualité Sociale Agricole du Bas-Rhin)
'Old-Age Pension'
Case 28/71
Summary
1. Social security for migrant workers — Old-age pensions — National legislation — Different kinds of benefit — Entitlement to benefit of a more advantageous kind — Aggregation of insurance periods completed in several Member States (Regulation No 3 of the Council, Article 27)
2. Social security for migrant workers — Old-age pensions — Aggregation of insur ance periods completed in several Member States — Pro rata calculation — Account to be taken of periods in fact completed (Regulation No 3 of the Council, Article 28)
1. Where the legislation of a Member to entitle him to benefit of the more State provides for old-age benefits of advantageous kind. different kinds, depending on the 2. Where aggregation is necessary, for length of time for which the worker the purpose of calculating the frac concerned has been affiliated, insur tion of the benefit to be borne by ance periods completed successively the relevant institution, account must or alternatively in two or more Mem be taken of the periods in fact com ber States must be aggregated pleted by the worker concerned, and wherever the worker has not comple not merely those representing the ted the number of periods necessary total required in the State in ques under the legislation of the first State tion for entitlement to full benefit.
In Case 28/71
Reference to the Court under Article 177 of the EEC Treaty by the Com mission de Première Instance du Contentieux de la Sécurité Sociale et de la Mutualité Sociale Agricole du Bas-Rhin sitting in Strasbourg, for a pre liminary ruling in the action pending before that court between 1 — Language of the Case: French.
JUDGMENT OF 10. 11. 1971 — CASE 28/71
Eugen HÖHN, residing at Sulz am Neckar (Federal Republic of Germany),
and
CAISSE RÉGIONALE D'ASSURANCE VIEILLESSE DES TRAVAILLEURS SALARIÉS DE STRASBOURG,
on the interpretation of Articles 27 and 28 of Regulation No 3 of the Council concerning social security for migrant workers,
THE COURT
composed of: R. Lecourt, President, J. Mertens de Wilmars and H. Kutscher, Presidents of Chambers, A. M. Donner, A. Trabucchi, R. Monaco and P. Pescatore (Rapporteur), Judges,
Advocate-General: A. Dutheillet de Lamothe Registrar: A. Van Houtte
gives the following
JUDGMENT
Issues of fact and of law
Text similar to that of the judgment delivered on 10 November in Case 26/71, with the exception of the dates and figures (see p. 871)
Grounds of judgment
Text identical to that of the judgment delivered on 10 November 1971 in Case 26/71 (see p. 875)
On those grounds,
Upon reading the pleadings; Upon hearing the report of the Judge-Rapporteur; Upon hearing the oral observations of the Commission of the European Communities; Upon hearing the opinion of the Advocate-General;
HÜHN v CAISSE D'ASSURANCE VIEILLESSE DE STRASBOURG
Having regard to the Treaty establishing the European Economic Community, especially Articles 51 and 177; Having regard to Regulation No 3 of the Council concerning social security for migrant workers, especially Articles 27 and 28; Having regard to the Protocol on the Statute of the Court of Justice of the European Communities especially Article 20; Having regard to the Rules of Procedure of the Court of Justice of the European Communities,
THE COURT
in answer to the question referred to it by the Commission de Première Instance de Contentieux de la Securite Sociale et de la Mutualite Sociale Agricole du Bas-Rhin by decision of 28 April 1971, hereby rules:
(I) Where the legislation of a Member State provides for old-age benefits of different kinds, depending on the length of time for which the worker concerned has been affiliated, insurance periods completed successively or alternatively under the legislation of two or more Member States must be aggregated wherever the worker has not completed the number of periods necessary under the legislation of the first State to entitle him to benefit of the more advantageous kind.
(2) Where aggregation is necessary, for the purpose of calculating the fraction of the benefit to be borne by the relevant institution account must be taken of the periods in fact completed by the worker concerned and not merely those representing the total required in the State in question for entitlement to full benefit.
Lecourt Mertens de Wilmars Kutscher
Donner Trabucchi Monaco Pescatore
Delivered in open court in Luxembourg on 10 November 1971.
A. Van Houtte R. Lecourt Registrar President
OPINION OF MR ADVOCATE-GENERAL
DUTHEILLET DE LAMOTHE
(see Case 26/71, p. 878)