JUDGMENT OF 27. 11. 1973 — CASE 130/73 VANDEWEGHE v BERUFSGENOSSENSCHAFT CHEMISCHE INDUSTRIE

In Case 130/73 Reference to the Court under Article 177 of the EEC Treaty by the Landessozialgericht Baden-Württemberg for a preliminary ruling in the action pending before that court between

THE COURT composed of: R. Lecourt, President, A. M. Donner and M. Sørensen (Rapporteur), Presidents of Chambers, R. Monaco, J. Mertens de Wilmars, P. Pescatore and C. Ó Dálaigh, Judges, Advocate-General: A. Trabucchi 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 of the Court of Justice of the EEC

Grounds of judgment

Jurisdiction

On the substance

Costs

I —. Facts and procedure

1. The first plaintiff is the widow, the second plaintiff the daughter of a Belgian national killed in an air-raid on Germany on 24 April 1945. The defendant in the main action recognized the death as an accident in the course of employment and in March 1968 allowed the first plaintiff a widow's pension for the period from 24 April 1945 to June 1946 inclusive, since on 5 June 1946 she had remarried. The second plaintiff received an orphan's pension from 24 April 1945 to May 1952 inclusive, since on 8 May 1952 she attained 18 years of age.

2. The order of the Landessozialgericht was registered at the Court on 30 April 1973.

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

1. By order dated 26 April 1973, filed at the Registry on 30 April 1973, the Landessozialgericht Baden-Württemberg referred to the Court for a preliminary ruling the question of the interpretation of Article 2 of the Supplementary Agreement to No 3 to the General Convention on Social Security between the Kingdom of Belgium and the Federal Republic of Germany.

2. The Court has no jurisdiction under Article 177 of the EEC Treaty to give a ruling on the interpretation of provisions of international law which bind Member States outside the framework of Community law.

3. However, it appears from the order of reference that the Landessozialgericht considers that the meaning of corresponding expressions of Community regulations concerning social security of workers could have relevance to the interpretation of the Agreement.

4. The question raised being capable of being understood as concerning the interpretation of Community provisions, the Court has jurisdiction to give a ruling.

5. It is asked in the first place whether the expression pension also refers to death grant such as that provided for by Article 589 (1) (1) of the Reichsversicherungordnung.

6. Article 1 of Regulation No 1408/71 clearly distinguishes death grant on the one hand from benefits and pensions on the other hand.

7. The appropriate answer is thus that death grants are not included in pension

8. It is further asked whether the settlement grant to be paid to the widow in the event of remarriage, such as that provided under Article 615 RVO, is covered by the word pension.

9. It follows that such a settlement grant must be regarded as in lieu of a widow's pension and must thus be treated as a pension.

10. The costs incurred by the Commission of the European Communities, which has submitted observations to the Court, are not recoverable, and as these proceedings are, in so far as parties to the main action are concerned, in the nature of a step in the action pending before a national court, the decision on costs is a matter for that court.

Upon reading the pleadings; Upon hearing the report of the Judge-Rapporteur; Upon hearing the observations of the Commission of the European Communities ; Upon hearing the opinion of the Advocate-General; Having regard to the Treaty establishing the European Economic Community, especially Article 177; Having regard to Regulation No 3 of the Council concerning social security for migrant workers, especially Annex D; Having regard to Regulation No 1408/71 of the Council on the application of social security schemes to employed persons and their families moving within the Community, especially Article 1 (t) and (v), Title III, Chapter 5 and Annex II; Having regard to the Protocol on the Statute of the Court of Justice of the European Economic Community, especially Article 20; 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 Landessozialgericht Baden-Württemberg by order of that Court dated 26 April 1973, hereby rules: