Rijksdienst voor Werknemerspensioenen v Giorgio Celestre and others; Nationaal Pensioenfonds voor Mijnwerkers v Jozef Strehl (116/80, 117/80, 119/80, 120/80, 121/80)

Judgment of 2 Jul 1981

law://eu/cjeu/1980/c-116-80/para_9@2026-11-14

6.The Netherlands Government takes the view that the “notional” periods play no part in the determination of the amount of the invalidity pensions. Where a miner becomes disabled after at least 10 years' work in the mines, he receives an invalidity pension which is independent of the length of the period for which he was insured. If he was not insured for that minimum period as a miner, but was insured for the minimum period of insurance of 6 months required by the general scheme, he is then entitled on the basis of the general scheme to an invalidity pension which is also independent of the length of the period for which he was insured. The Belgian scheme contains no provisions providing that the “notional” periods are not to be taken into account when they coincide with periods completed in another Member State.The Netherlands Government considers that the solution may be found in the present cases in Article 46 (3) having regard to the findings of the Court, in particular in Cases 105/77, 98/77 and 236/78. The application of the Belgian national rules against overlapping is in these cases less favourable than that of the scheme contained in Article 46. In the Strehl case, the German institution does not apply Article 46 (1) in the sense referred to in the second subparagraph of paragraph (3). That means that the Belgian institution alone applies paragraph (1) and may therefore deduct the amount by which the sum of the Belgian pension and the German pension exceeds the highest theoretical amount from the benefit for which it is accountable independently of the provisions regarding reduction. This solution would be in accordance with the Petroni case and it follows from that that an apportionment of the amount deducted may only be made between institutions which apply a legal scheme containing provisions against overlapping.

Rijksdienst voor Werknemerspensioenen v Giorgio Celestre and others; Nationaal Pensioenfonds voor Mijnwerkers v Jozef Strehl (116/80, 117/80, 119/80, 120/80, 121/80)

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