C-130/73

3. Social security of migrant workers — Widow — Re-marriage — Settlement grant — Meaning — Treated as a pension (Regulation No 1408/71 of the Council, Article 1)

1. The Court has no jurisdiction under 2. Death grant is not covered by the Article 177 of the EEC Treaty to give expression 'pension'. a ruling on the interpretation of provisions of international law which 3. The settlement grant to be paid to a bind Member States outside the widow in the event of remarriage framework of Community law. must be regarded as in lieu of the widow's pension and must be treated as a pension.

In Case 130/73

Reference to the Court under Article 177 of the EEC Treaty by the Landes­ sozialgericht Baden-Württemberg for a preliminary ruling in the action pending before that court between

1. MAGDALENA VANDEWEGHE , widow,

2. SOLANGE VERHELLE, both resident at Ingelmunster, Belgium,

THE COURT

composed of: R. Lecourt, President, A. M. Donner and M. Sørensen (Rappor­ teur), Presidents of Chambers, R. Monaco, J. Mertens de Wilmars, P. Pescatore and C. Ó Dálaigh, Judges,

Advocate-General: A. Trabucchi Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

The defendant rejected these claims on should this term have a wider the ground that these benefits were not meaning? referred to in the Supplementary 2. In the French text of the Agreement No 3 of 7 December 1957 to the General Convention on Social Supplementary Agreement No 3 'prestations ou fractions des Security between the Federal Republic of prestations' are referred to. The word Germany and the Kingdom of Belgium concerning the payment of pensions for 'prestation' should be translated by 'benefit'. However the term 'benefit' the period before the Convention came into force. covers more than pure pensions and it would if there were any doubt cover The point at issue between the parties in claims to death grant and widows' the main action is whether these rights settlement grant. are included in Article 2 of the Supplementary Agreement No 3, since 3. Finally it appears that both EEC this provision relates only to the Regulation No 3 — since repealed — payment of arrears of 'pensions or part and Regulation (EEC) No 1408/71 of pensions' (in the French text: provide a uniform definition of the 'prestations ou fractions de prestations'). terms 'benefit' and 'pension'. This The Sozialgericht Mannheim decided on could mean that there is no difference 5 May 1970 that claims to death grant between the terms pension and and widow's settlement grant did not benefit under EEC Law and that the come within the term 'pensions or part term pension — departing from the pensions'. German terminology — should cover On the plaintiffs' appeal the all benefits under social law. Landessozialgericht Baden-Württemberg stayed the proceedings and referred the 2. The order of the Landessozialgericht following question to the Court for a was registered at the Court on 30 April 1973. preliminary ruling in accordance with Article 177 of the EEC Treaty: The Commission by its agent P. Karpenstein submitted its written 'Does Article 2 of the Supplementary observations in accordance with the Agreement No 3 of 7 December 1957 to the General Convention on Social provisions of Article 20 of the Protocol on the Statute of the Court of Justice of Security between the Federal Republic of the EEC. Germany and the Kingdom of Belgium relating to the payment of pensions for After hearing the report of the the period before the Convention came Judge-Rapporteur and the opinion of the into force, which governs the payment of Advocate-General, the Court decided to pensions or part of pensions, cover also proceed without a preparatory inquiry. claims to death grant and widow's settlement grant?' In the grounds of the order of reference II — Observations submitted the Landessozialgericht stated that it has under Article 20 of the referred the above question to the Court Protocol on the Statute because the following three points of the Court of Justice appear to it to need clarification with of the EEC regard to the view taken by the Sozialgericht and the defendant: The Commission recalls that the EEC 1. It is not clear what comes under the Treaty does not give the Court term 'part of pensions'. Should a part jurisdiction to interpret bilateral of a pension be understood, that is a conventions as the Landessozialgericht is pension paid for a certain period, or seeking in the case in question by

invoking Article 177 of the Treaty. In so The Commission states that the terms far as it refers to Article 2 of the 'benefit' and 'pension' are basically Supplementary Agreement No 3, the defined in the same way in EEC request, in the view of the Commission, Regulations Nos 3 and 1408/71. is therefore inadmissible. In wording roughly the same as that of However, the Commission also recalls Article 1 (s) of Regulation No 3, Article that in the grounds of the order of 1 (t) of Regulation No 1408/71 defines reference the court has included among these terms as the points requiring clarification the 'all benefits and pensions, including all meaning of the related concepts 'benefit' elements thereof payable out of public and 'pension' used in EEC Regulations funds, revalorisation increases and

the main action. includes in particular capital payments The Commission states that one of the which can be made in place of a reasons for thus interpreting the order of pension. reference is that, according to paragraph The settlement grant to be paid to the 1 of the 'General Comments' of Annex II widow in case of remarriage is a capital to Regulation No 1408/71, references benefit of such a nature that, from the made, by a social security convention point of view of Community law, this remaining applicable, to conventions not grant is covered without any doubt in mentioned in Annex II, and the term pension. consequently displaced by the Commu The Commission maintains moreover nity rules, have been replaced by that the wording of the provisions covers references to the corresponding both the case where capital benefits are provisions of Community law. substituted for pension rights and the The result of this provision is, inter alia, case where capital benefits are granted that the definitions given in Article 1 for pensions which are extinguished. (12) ('prestations', 'pension' or 'rente' — In the Commission's opinion the result is 'benefit' or 'pension') of the General different as regards death grant.

Moreover, it Agreement No 3, Article 1 of which follows from the provisions of Articles 32 refers to the definitions in the General of Regulation No 3 and 64 to 66 of Convention, is so contained. Regulation No 1408/71 that Community In consequence the Commission adopts law provides different rules for the a position on the question of how the various kinds of pensions and for terms 'benefits' and 'pensions' must be once-for-all payments such as death understood under Community law. grant. As a result, Community law does

The Court thus has no jurisdiction to give a ruling on the questions of interpretation which are raised by Article 2 of the Supplementary Agreement No 3 between Belgium and Germany owing to the fact, in particular, that the French and Dutch texts use the expressions 'prestations ou fractions de prestations' and 'uitkeringen of gedeelten van uitkeringen' as equivalent to the German expression 'Renten oder Rententeile', whilst this latter is trans­ lated elsewhere in the Agreement by the expressions 'pensions et rentes' and 'pensioenen en renten'.

3 However, it appears from the order of reference that the Landessozialgericht considers that the meaning of corresponding expressions of Community regulations concerning social security of workers could have relevance to the interpretation of the Agreement.

This could be all the more so since Annex II to Regulation No 1408/71 of 14 June 1971 provides that the Supplementary Agreement continues to apply without being replaced by the provisions of the Regulation and that references to the provisions of other conventions contained in Annex II, such as the

JUDGMENT OF 27. 11. 1973 — CASE 130/73

General Convention on Social Security between the Federal Republic of Ger­ many and the Kingdom of Belgium of 7 December 1957, shall be replaced by references to the corresponding provisions of the Regulation.

The definitions given in Article 1 (12) ('prestation'), 'pension' and 'rente') of the General Convention to which Article 1 of the Supplementary Agreement No 3 refers, are thus replaced by the corresponding provisions of the Regu­ lation.

It appears, moreover, from Title 3, Chapter 5, headed 'Death grants', that they are subject to different rules from those provided for pensions.

7 The appropriate answer is thus that death grants are not included in 'pension'

8 It is further asked whether the settlement grant to be paid to the widow in the event of remarriage, such as that provided under Article 615 RVO, is covered by the word 'pension'.

VANDEWEGHE v BERUFSGENOSSENSCHAFT CHEMISCHE INDUSTRIE

Article 1 (t) of Regulation No 1408/71 provides that 'benefits' and 'pensions' mean all benefits and pensions'... as also lump-sum benefits which may be paid in lieu of pensions...'

The question is thus whether the settlement grant to be paid to the widow in the event of remarriage is a lump-sum benefit paid in lieu of a pension.

OPINION OF MR TRABUCCHI — CASE 130/73

Having regard to the Protocol on the Statute of the Court of Justice of the European Economic Community, 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 Landessozialgericht Baden- Württemberg by order of that Court dated 26 April 1973, hereby rules:

The provisions of Regulation No 1408/71 must be interpreted as meaning that the expression 'pension' includes the settlement grant to be paid to a widow in the event of remarriage, but not a death grant.

Lecourt Donner Sørensen

Mr President, grant provided by the national social Members of the Court, legislation in the event of a widow's remarriage. The appellant, who resides Mrs Vandeweghe, appellant before the in Belgium, is the widow of a Belgian Baden-Württemberg Landessozialgericht, national whose death occurred in 1945 claims payment from the German in Germany in circumstances regarded as Insurance Association of a death grant equivalent to an accident at work. and a once-for-all widow's settlement Before her second marriage in 1946 she

1 — Translated from the Italian.