JUDGMENT OF 30. 11. 1967 — CASE 18/67 PAGOTTO v OFFICE NATIONAL DES PENSIONS

In Case 18/67 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 (Rapporteur), R. Monaco and J. Mertens de Wilmars, Judges, Advocate-General: R. 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 Statute of the Court

Grounds of judgment

Costs

I —. Facts and procedure

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

1. The Belgian Conseil d'Etat poses the question how annual insurance periods, as calculated under the Belgian Law, may be inserted into the total period of employment of a worker who has effected insurance periods in a country (in this case Germany) in which the unit of computation in respect of the insurance period to be taken into account is one month.

On those grounds, Upon reading the pleadings; Upon hearing the report of the Judge-Rapporteur; Upon hearing the observations of the Commission of the European Economic Community; Upon hearing the opinion of the Advocate-General; Having regard to Regulations Nos 3 and 4 of the Council of the European Economic Community, concerning social security for migrant workers; Having regard to the Protocol on the Statute of the Court of Justice of the European Economic Community; 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 Belgian Conseil d'État (Section d'Administration, VIth Chamber) by order of that court of 11 May 1967, hereby rules:

1 When periods assimilated to insurance periods under the legislation of one Member State overlap insurance periods actually completed in another State and giving a right in that State to a pension, and when the units of time adopted by the legislation of these States are different, it is necessary, as regards both the denominator and the numerator of the fraction for pro rata calculations, to convert these units into the smallest of the units of time adopted by the States concerned when this smallest unit is a fraction of the other, or, in default thereof, to convert these units into a common multiple;

2 It is for the Belgian Conseil d'Etat to decide on costs in the present case.