Opinion of Mr Advocate General Van Gerven delivered on 17 September 1991

1 Original language: Italian.

2 In view of the date on which the main action was brought (26 April 1984, according to the documents annexed to the order for reference), I believe that the national court is seeking the interpretation of the aforementioned provisions of Regulation (EEC) No 1408/71, in the version set out at Annex I to Regulation (EEC) No 2001/83 of the Council, of 2 June 1983 (Official Journal 1983 L 230, p. 6).

3 Official Gazelle of lhe Italian Republic No 190 of 31 July 1965.

4 Official Gazelle of the llalian Republic No 59 of 4 March 1974.

5 Official Gazette of the Italian Republic No 113 of 2 May 1974.

6 Official Gazette of the Italian Republic No 112 of 14 May 1988.

7 Official Gazette of the Italian Republic No 61 of 14 March 1988.

8 Orderin Casc C-286/88 Falciola [1990] ECR I-191.

9 Judgment in Case C-369/89 Averne [1991] ECR I-2971, paragraph 7.

10 Article l(u)(i) of Regulation 1408/7! suits that family benefits means all benefits in kind or in cash intended to meet family expenses under the legislation provided for in Article 4(l)(h), excluding the special childbirth allowances mentioned in Annex II.

11 Judgment in Case 100/78 Rossi v Caisse de Compensations pour Allocations Familiales [ 1979] ECR 831. See further the judgment in Case 733/79 CCAF v Laterza [1980] ECR 1915, at paragraph 8, and in Case 807/79 Gravina v Landesversicherungsanstalt Schwaben [1980] ECR 2205, at paragraph 7.

12 Judgment in Case 100/63 Kaahbeek v Sodate Verzekeringsbank [\964] ECR 565 at p. 574.

13 See also the aforementioned judgments in Laterza (paragraph 8) and Cravina (paragraph 7).