Opinion of Mrs Advocate General RozÈs delivered on 17 November 1983

1 Translated from the French.

2 Regulation (EEC) No 1408/71 (Official Journal, English Special Edition 1971 (II), p. 416), codified in Official Journal 1980, C 138, p. 1.

3 Regulation (EEC) No 574/72 (Official Journal, English Special Edition 1972 (I), p. 159), codified in Official Journal 1980, C 138, p. 65.

4 Judgment of 9. 6. 1977 in Case 109/76 [1977] ECR 1141.

5 Reply given by the Association to a question put to it at the hearing.

6 Concerning social security for migrant workers, adopted by the Council of the EEC on 25. 9. 1948, Journal Officiel 1958, p. 561.

7 Article 3(1).

8 In fact, under Article 10 of the Invalidity Laws (Repeal) Law, Article 71 of the Invalidity Law ceased to have effect except in so far as, on the one hand, il gave a right to an invalidity pension in respect of an invalidity arising before 1 July 1967 and, on the other hand, an application for the invalidity pension was made by 1 July 1969 at the latest.

9 Annex III to Regulation No 1408/71.

10 See the plaintiff's application in the proceedings brought in respect of the Association's decision.

11 That was apparently the date at which he resinned gainful employment in the Federal Republic of Germany.

12 Or periods treated as such.

13 Or periods treated as such.

14 It provides: The procedure for taking into account overlapping periods, when applying the rules of calculation laid down in this paragraph, shall be laid down in the implementing regulation referred to in Article 97.

15 Point 2 on page 2 of the Social Security Council's circular.

16 Article 4 (1) and (2) defines, as the Court is aware, the branches of social security to which the regulation applies.

17 Cited above.

18 Paragraphs 10 to 13, [1977] ECR 1141 at pp. 1149 and 1150.

19 Case 14/67 Landesvenicherungsanstalt Rheinland-Pfalz v Jozef Welchner [1967] ECR 331, in particular at p. 337.

20 Periods of employment as defined or recognized as periods of insurance by the legislation under which they were ... considered as completed.

21 It is for that reason that I am proposing to the Court a solution which differs from that adopted in the Welchner case. On the one hand that judgment was interpreting Regulation No 3 which did not contain a provision similar to paragraph 4 (a) of Part H of Annex V to Regulation No 1408/71 and on the other hand it related to German legislation and not to Netherlands legislation.

22 It seems clear to me that the reference made in that provision to the legislation under which the periods of insurance were completed, in this case the Invalidity Law, is intended to refer to paragraph 4 (a) of Part H of Annex V.

23 That is to say, the Incapacity (Insurance) Law.

24 In other words, periods other than periods treated as periods of insurance.

25 Article 1 (c) of Regulation No 574/72.

26 Judgment of the Third Chamber in Case 232/82 Buccini v Office National de l'Emploi [1983] ECU 583.

27 Paragraph 17.

28 Judgment of the Third Chamber in Case 279/82 Lio Jerzak ν Bundeknappschaft, Verwahungsstelle Aachen [1983] ECR 2603.

29 The Community regulations concerning social security for migrant workers.

30 Paragraph 11. In this case the advantages which would thereby be reduced are those which the plaintiff would have received in respect of his period of employment in the Netherlands between 1 January 1957 and 31 December 1966 had he not paid voluntary contributions in his country of origin during the same period.