JUDGMENT OF 30. 11. 1967 — CASE 22/67 SÉCURITÉ SOCIALE DU NORD-EST v GOFFART

In Case 22/67 Reference to the Court under Article 177 of the EEC Treaty by the Second Civil Chamber of the French Cour de Cassation 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 (Rapporteur) and J. Mertens de Wilmars, Judges, Advocate-General: J. Gand Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Summary of the facts and procedure

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

Grounds of judgment

Costs

I —. Summary of the facts and procedure

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

A —. The Commission states first of all in its written observations that the basic question to be resolved is whether the word conditions appearing in Article 28 (1) (f) must be interpreted as covering only the conditions conferring the right to a pension, or as applicable to the conditions conferring this right and to the conditions of payment of the pension.

B —. The Caisse Régionale de Sécurité Sociale du Nord-Est observes that the question to be resolved in this case is whether Mr Goffart's position with regard to old-age insurance is to be governed by Article 28 (1) (b) of Regulation No 3 of the EEC or by paragraph 1 (f) of the said Article. In this connexion it maintains that:

On those grounds, Upon reading the pleadings; Upon hearing the report of the Judge-Rapporteur; Upon hearing the observations of the Commission of the EEC and of the Caisse Régionale de Sécurité Sociale du Nord-Est; 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, especially Articles 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 question referred to it by the Second Civil Chamber of the French Cour de Cassation by judgment of that court of 27 April 1967, hereby rules:

I A migrant worker whose rights to an old-age pension have been calculated in accordance with the legislation of two Member States under the provisions of Article 28 (1) (a) and (b) of Regulation No 3 of the Council of the EEC concerning social security for migrant workers but to whom payment of the fraction of the pension payable by one of them is suspended, is entitled to obtain from the social security institution of the other Member State an amount of pension calculated solely in accordance with the legislation of that State and taking account of the insurance periods completed under its legislation;

2 The decision on costs in the present proceedings is a matter for the Second Civil Chamber of the French Cour de Cassation.