Opinion of Advocate General Van Gerven of 26 November 1992

1 Regulation (EEC) No 1408/71 of the Council on die application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in the version contained in Annex I to Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6).

2 Case C-188/90 [1992] ECR I-2039, para. 14; the principle was first laid down in Cravina, Case 807/79 [1980] ECR 2205, para. 8.

3 Gravina, para. 7 in fine.

4 Dońguzzi, para. 15.

5 Dońguzzi, para. 15.

6 Dońguzzi para. 17; cf. also my Opinion in that case, not yet published, section 8.

7 I see no reason to doubt that the definition of family allowances in Article l(u)(ii) of Regulation No 1408/71 — which according to Article 1 is applicable for the purpose of this regulation —applies for the purposes of Article 78. As regards the similar use of the term family allowance in Article 77 (regarding benefits for dependent children of pensioners) the Court decided in Lenoir that the term corresponds to the definition of the family allowances referred to in Article l(n)(ii) of the ... regulation, which defines family allowances according to the exclusive criterion of the number and, where appropriate, the age of the members of the family, Case 313/86 [1988] ECR 5391, para. 10.

8 In Dongtizzi both the Bayerisches Sozialgcnchl, 11th Senate (the court of reference in this case) ana the parties to the main proceedings, as well as the Commission, agreed that the assegno familiare was a family allowance within the meaning of that definition: see my Opinion in that case, section 5.

9 That article concerns the award of a supplement to a benefit payable in respect of old age or death (pensions) where the amount of the benefit payable under the legislation of the various Member Stales is lower than the minimum laid down by the legislation of the Member State in which the recipient resides.

10 According to which increases in or supplements to pensions in respect of children or to orphans' pensions granted in accordance with the provisions of Chapter 8 (Article 77 to 79) arc excluded from the provisions of Chapter 3, covering such benefits in respect of old age and death.

11 The minutes of that meeting are annexed to the written observations of the Italian Government. The relevant passage, point 3, states that the authorities of both countries agree that the INPS must notify the German social insurance institution of the amounts payable to the orphan and to the surviving spouse separately, without including them in the minimum pension.