JUDGMENT OF 30. 10. 1975 — CASE 33/75 GALATI v LANDESVERSICHERUNGSANSTALT SCHWABEN

In Case 33/75 Reference to the Court under Article 177 of the EEC Treaty by the Sozialgericht Augsburg for a preliminary ruling in the action pending before that court between

THE COURT composed of: R. Lecourt, President, R. Monaco and H. Kutscher, Presidents of Chambers, A. M. Donner, J. Mertens de Wilmars, P. Pescatore, M. Sørensen, Lord Mackenzie Stuart and A. O'Keeffe (Rapporteur), Judges, Advocate-General: G. Reischl Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts

I — Facts and procedure

II — Written observations submitted to the Court

(a) Observations submitted by the defendant in the main action

First question

Second question

(b) Observations submitted by the Commission

First question

Second question

Law

Costs

I —. Facts and procedure

1. When insurance periods which are expressed in weeks are converted into periods which are expressed in months (Article 15 (3) of Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71, OJ L 74 of 27. 3. 1972, p. 1), is any decimal fraction which may be left over to be disregarded in the aggregation of insurance periods or is it to be taken into account by the competent institution as a full month or one which has started to run?

2. Is the last phrase of Article 45 (1) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ L 149 of 5. 7. 1971, p. 2) to be interpreted as constituting a fiction in the sense that insurance periods in another Member State which can be counted towards the qualifying period are treated without examination by the competent institution as insurance periods completed in its own State which can be counted as aforesaid, or is it permissible to examine the insurance periods completed in the other Member State in the light of the legislation which the institution administers?

II —. Written observations submitted to the Court

(a). Observations submitted by the defendant in the main action

(b). Observations submitted by the Commission

1. By order of 27 January 1975, received at the Court on the following 24 March, the Sozialgericht Augsburg referred to the Court under Article 177 of the EEC Treaty two questions on the interpretation of provisions of Community law concerning social security for migrant workers.

2. The first question asks whether, when insurance periods which are expressed in weeks are converted into periods which are expressed in months (Article 15 (3) of Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71, OJ L 74 of 27. 3. 1972, p. 1, English Special Edition 1972 (I), p. 159), any decimal fraction which may be left over is to be disregarded in the aggregation of insurance periods or whether it is to be taken into account by the competent institution as a full month or one which has started to run.

4. In view of the answer given to the first question, the second question has no purpose.

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

On those grounds, THE COURT in answer to the questions referred to it by the Sozialgericht Augsburg by order of that court dated 27 January 1975, hereby rules:

1 Translator's note: this accompanied the draft regulation submitted to the Council.