OPINION OF MR MAYRAS — CASE 9/78 DIRECTEUR REGIONAL DE LA SÉCURITÉ SOCIALE DE NANCY v GILLARD

Mr President,

Members of the Court,

Once again it is the Court's task to confirm the directly applicable nature of the principle of equality of treatment between nationals of a Member State and other Community citizens in the matter of the award of old-age pensions for employed persons. In this case it is a matter of the advanced award of an old-age pension.

I —. According to French Law No 73-1051 of 21 November 1973, the old-age pension granted to employed persons, ex-servicemen or former prisoners of war is calculated at the rate normally applicable at 65 (50 %) when at their request their pension is awarded at an age between 61 and 60 years for those whose length of captivity is at least 54 months.

II —. My discussion of the first question and the answer which I shall suggest that the Court should give will free me from the need to consider the other two at length although they are actually put in the expectation of a negative reply to the first one.

III —. There can be no doubt that a scheme such as that set out in Article L 332 (2) of the social security code extends to workers of a nationality other than French who are subjects of a Member State (Belgium) which was one of the allied nations, and who served in the uniform of that State.

My opinion is that the Court should rule that:

A legislative provision of a Member State which grants to nationals of that State and to the nationals of other Member States a right to count a period of captivity undergone in the course of the 1939-1945 war when they were serving in the French or Allied Forces is equally applicable for the purposes of the acquisition and award of an old-age pension under Regulation No 1408/71 to nationals of other Member States if they served in Allied Forces other than the French Forces.

1 Translated from the French.