JUDGMENT OF 5. 7. 1967 — CASE 2/67 DE MOOR v CAISSE DE PENSION

In Case 2/67 Reference to the Court under Article 177 of the Treaty establishing the European Economic Community by the Cour Supérieure de Justice, Luxembourg, sitting as a Cour de Cassation, for a preliminary ruling in the appeal pending before that court between

THE COURT composed of A. Trabucchi, President of Chamber, President, R. Monaco, President of Chamber, A. M. Dormer, R. Lecourt (Rapporteur) and W. Strauß, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts and Procedure

II — Observations submitted under Article 20 of the Protocol on the Statute

The jurisdiction of the Court of Justice

The validity of Article 28 of the Regulation No 3

Interpretation of Article 28 of the regulation

Grounds of judgment

The jurisdiction of the Court

The interpretation and the validity of Article 28 (1) of Regulation No 3

Costs

I —. Facts and Procedure

II —. Observations submitted under Article 20 of the Protocol on the Statute

On those grounds, Upon reading the pleadings; Upon reading the report of the Judge-Rapporteur; Upon hearing the oral observations of the Commission of the EEC and the parties to the main action; Upon hearing the opinion of the Advocate-General; Having regard to the Treaty establishing the European Economic Community, especially Articles 48 to 51 and 177; Having regard to the Protocol on the Statute of the Court of Justice of the European Economic Community, especially Article 20; Having regard to Regulation No 3 of the Council concerning social security for migrant workers (Official Journal of 16 December 1958, p. 561 et seq.), especially Articles 11, 27 and 28; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT in answer to the questions referred to it for a preliminary ruling by the judgment of 5 January 1967 of the Cour Supérieure de Justice of Luxembourg sitting as a Cour de Cassation, hereby rules:

I The introductory provisions and subparagraph (b) of Article 28 (I) of Regulation No 3 are not applicable for the purposes of determining the amount of an old-age pension based on a contribution period and acquired solely under national law without recourse to Article 27, unless the same contribution period is used at the same time to determine the amount of other pensions in other Member States;

2 The decision as to costs in these proceedings is a matter for the Cour Supérieure of Luxembourg.