JUDGMENT OF 12. 12. 1967 — CASE 11/67 OFFICE NATIONAL DES PENSIONS v COUTURE

In Case 11/67 Reference to the Court under Article 177 of the EEC Treaty by the Belgian Conseil d'État for a preliminary ruling in the action pending before that court between

THE COURT composed of: R. Lecourt (President), A. M. Donner, President of Chamber, A. Trabucchi, R. Monaco and J. Mertens de Wilmars (Rapporteur), Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts and procedure

First question

Second question

Third question

Fourth question

Fifth question

Sixth question

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

A — The first, second, third and fourth questions

B — The fifth question

C — The sixth question

Grounds of judgment

Costs

I —. Facts and procedure

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

A —. The first, second, third and fourth questions

B —. The fifth question

C —. The sixth question

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 EEC; Upon hearing the opinion of the Advocate-General; Having regard to Articles 48 to 51 and 177 of the Treaty establishing the European Economic Community; 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 of the EEC concerning social security for migrant workers (Official Journal of 16 December 1958, p. 561 et seq.), and especially Articles 14, 14A, 27 and 28; Having regard to Regulation No 4 of the Council of the EEC on implementing procedures and supplementary provisions in respect of the said Regulation No 3 (Official Journal of 16 December 1958, p. 597 et seq.), especially Articles 12, 12A, 13, 30 to 36 and 83; 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 judgment of 24 March 1967 of the Belgian Conseil d'État, Administrative Law Division, 6th Chamber, hereby rules:

I The application to a migrant worker of the provisions of Articles 27 and 28 of Regulation No 3 does not depend upon the free choice of the person concerned but upon his objective situation;

2 At least in those systems based on insurance periods under which the amount of the retirement pension varies in proportion solely to the insurance periods which have been completed, Articles 27 and 28 of Regulation No 3 do not apply to a migrant worker who, in order to acquire the right to benefit, does not have to resort to aggregation in any of the Member States in which he has completed insurance periods;

3 Regulations Nos 3 and 4 and in particular Articles 27 and 28 of Regulation No 3 together with Articles 30 to 36 and 83 of Regulation No 4 do not imply that there is an obligation to determine simultaneously and on the basis of the same reference date an oldage pension acquired in one Member State under Article 27 and another old-age pension which has not yet been acquired in another Member State or which has been acquired in another Member State whose legislation permits its payment to be deferred at the request of the person concerned;

4 Claiming a pension from a social security institution of one Member State does not imply a waiver of the rights of election which the legislative systems of other Member States grant to the workers concerned. The national social security authorities are competent to decide when such election must be made;

5 The decision as to costs in these proceedings is a matter for the Belgian Conseil d'État.