JUDGMENT OF 13. 12. 1967 — CASE 12/67 GUISSART v BELGIUM

In Case 12/67 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

First question

Second question

Third question

Fourth question

II — Observations submitted under Article 20 of the Statute of the Court

Grounds of judgment

As regards the first question

As regards questions 2, 3 and 4

Costs

I —. Facts

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

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; Having regard to the Treaty establishing the EEC, especially Articles 48 to 51 and 177; Having regard to the Protocol on the Statute of the Court of Justice of the EEC, 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.), especially Articles 27 and 28. Having regard to Regulation No 4 of the Council of the EEC on implementing procedures and supplementary provisions in respect of Regulation No 3 referred to above (Official Journal of 16 December, 1958, p. 597 et seq.), especially Articles 12, 12A and 13; 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 by the Belgian Conseil d'État, Administrative Law Section, 6th Chamber, by judgment of that court dated 24 March 1967, 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 on his objective situation;

2 At least in those systems based on insurance periods under which 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 The decision as to costs is a matter for the Belgian Conseil d'État.